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Home My WebLink AboutOCTOBER 14, 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MHYf'R-.1 H. OBERNDORF A/-Large VICE MAYOR LOUIS R. JONK), Bay.Hde - Dls/ne/" WILUAM R. DeSrEPH, AI-Large HARRY E. D/EZ/;L, KempsVille - Dls/rict 2 ROBERT M. DYFR" Centerville - District I BARBARA M. HI:NLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - DislricI 6 RON A. VILLAN{ lEVA, At-Large ROSEMARY WflSON, At-Large JAMES L. WOOf), Lynnhaven -District 5 CITY COUNCIL AGENDA ('f7'Y MANAGER - JAMl:~\' K. SPORE CITY A7TORNEr - UiSLlE L. LlLl.F.Y ('fTY CUiRK - RUTH HODGES FRASliR, MMC 14 OCTOBER 2008 I. CITY MANAGER'S BRIEFING - Conference Room - 3:00 PM A. Resort Area Strategic Plan Stephen Herbert, Deputy City Manager II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE. (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 4:00 PM III V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: REVEREND JASON LEWIS Pastor, Virginia Beach Christian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 7, 2008 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. RESOLUTION: "JOSH THOMPSON DAY" I. PUBLIC COMMENT 1, Workforce Housing Advisory Board J. CONSENT AGENDA K. RESOLUTION / ORDINANCES 1. Resolution to AUTHORIZE the issuance of General Obligation School Bonds not to exceed $7.5-Million to be sold to the Virginia Public School Authority [Deferred October 7] 2. Ordinance to AMEND S 2-20 of the City Code re time and place of regular City Council meetings. 3. Ordinance to ESTABLISH a Capital Improvement Program [CIP] project and TRANSFER the necessary funds for the Town Center Pedestrian Safety Improvements 4. Ordinance to ACCEPT and APPROPRIATE Grants: a. From the Virginia Settlement Foundation to Parks and Recreation's FY 2008-09 Operating Budget re projects to prevent tobacco use by underage persons b. From the United States Department of Justice to the Police, Sheriff and the Domestic Relations District Court re public safety and criminal processing 5. Ordinance to APPROPRIATE funds to provide an interest-free loan to the Kempsville V olunteer Rescue Squad for the purchase of a replacement ambulance [Deferred October 7] L. PLANNING 1. Ordinance to AUTHORIZE a six [6] month extension oftime to satisfy conditions in the closing, vacating and discontinuance of a portion of a street, known as Grimstead Road, south of Back Bay Landing Road in behalf of Joseph W. Freeman, Jr. DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON: APPROVAL 2. Variance to S4.4b of the Subdivision Ordinance, requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO): a. CMSS ARCHITECTS, PC, re reconfiguration of the three (3) lots for single-family residences at 4949 Lookout Road DISTRICT 4 - BA YSIDE RECOMMENDA TION APPROV AL b. TONY and HELEN FLEMING re an existing single-family residence at 3373 Head River Road DISTRICT 7 - PRINCESS ANNE RECOMMENDA TION APPROV AL 3. Application of BRENDA BRIGGS t/a KINGDOM KIDS DA YCARE for a Conditional Use Permit re a daycare facility at 700 Sullivan Circle DISTRICT 4 - BA YSIDE RECOMMENDA TION APPROV AL 4. Application of NEW CINGULAR WIRELESS, t/a AT&T for a Conditional Use Permit re a monopole communications tower and Modification of the Timberlake Land Use Plan to accommodate the tower, [approved by City Council on May 24, 1994], at 4293 Holland Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 5. Applications of 1250 CENTERVILLE, L.L.C., at 2120 CenterviIle Turnpike: DISTRICT 1 - CENTERVILLE a. Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District re townhouse-style multi-family dwelling units b. Conditional Use Permit re fuel sales with a convenience store RECOMMENDATION APPROV AL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM - CSA COMMUNITY SERVICES BOARD - CSB EASTERN VIRGINIA HEALTH SERVICES AGENCY HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD PARKS and RECREATION COMMISSION RESORT ADVISORY COMMISSION - RAC REVIEW AND ALLOCATION COMMITTEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA TIDEWATER REGINOAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC WORKFORCE HOUSING ADVISORY COMMITTEE III N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Ci/v Council Sessions for November and December 2008 November 4 November 11 November 18 November 25 December 2 December 9 Election Day - No Sessions Veteran's Day - No Sessions Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Comprehensive Plan Open Houses October 16, 2008 7:00 - 9:00 PM Association for Research & Enlightenment District #5 - Lynnhaven District #6 - Beach October 20, 2008 7:00 - 9:00 PM Princess Anne High School District #4 Bayside District #5 - Lynnhaven October 23, 2008 7:00 - 9:00 PM Bayside Recreation Center District #4 Bayside District #5 - Lynnhaven October 27,2008 7:00 - 9:00 PM Cox High School District #5 - Lynnhaven ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 10103/08 rhjf/mb www.vbl?:ov.com III - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 14, 2008 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re RESORT AREA STRATEGIC PLAN in the City Council Conference Room, Tuesday, October 14, 2008, at 3:00 P.M to hear City Council's comments. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer [Entered: 3:20 P.MJ October 14, 2008 - 2 - C IT Y MANA G E R 'S B R IE FIN G RESORT AREA STRATEGIC PLAN ITEM # 58112 3:00 P.M. Stephen Herbert, Deputy City Manager, advised the Strategic Growth Areas were derived from the Comprehensive Plan - twelve (12) Strategic Growth Areas plus the Resort Area. Background ,. 2003 Comprehensive Plan (12 + Resort Area) ne Com,re~ensive "anl~ Growt~ ~trate" BACKGROUND 1. Northampton Blvd. 2. 1-64 South Area 3. Newtown Area 4. Pembroke Area 5. North Rosemont Area 6. North London Bridge Rd. Area 7. Hilltop/North Oceana 8. East Oceana Area 9. West Oceana Area 10. South Oceana Area 11. West Holland Area 12 Princess Anne Commons Area 2 ~ City Council approval to begin Strategic Growth Area (SGA) plans October 2007 ~ Resort Area (J 0/07) . Scheduledfor Planning Commission agenda 11/12/08 . Final Plan scheduled to be approved by City Council 12/2/08 ~ Burton Station (10/07) . Planning and Economic Development team 1/08 . Scheduled for Planning Commission agenda 12/10/08 . Final Plan scheduled to be approved by City Council 1/13/09 ~ Pembroke (Town Center) (5/08) . Scheduledfor Planning Commission agenda - 3/11/09 (tentative) . Final Plan scheduled to be approved by City Council- 4/14/09 (tentative) ~ Newtown (8/22/08) . RFP to be drafted October 14, 2008 - 3 - CITY MANA GER 'S BRIEFING RESORT AREA STRATEGIC PLAN ITEM # 58112 (Continued) Purpose ~ Blueprint for revitalization/redevelopment of strategic areas . Higher Density . Mixed Use . Walkable Community . Transit Friendly . Open Space/Public Space emphasis . Live and Work Community ) ) Transit ) ) Oriented ) ) Development (TOD) Process Elements ~ Major Community Involvement . Resort Area (4 meetings attended by approx. 350 citizens) . Burton Station (4 meetings attended by approximately. 300 citizens) ~ Best and brightest design talent . City staff plus consultants (Sasaki, Urban Design Associates, Landmark and CMSS) ~ City Council approval - gives Plan standing and status (will become part of Comprehensive Plan) Value ~ Marketing Plans - Economic Development capacity (creating product and setting a vision) (e.g. 8-MILLION square feet of office space in Burton Station) ~ Neighborhood Protection - Surrounding neighborhoods ~ Green Space/Agriculture/Open Space protection ~ Commercial Tax Base Growth (ratio shift) Summary ChallenQes Ahead: . Implementary Plan Priorities . Funding in a Constrained Environment . Staff's Elasticity Bottom Line: . Program is on track! . Resort Area Plan is Leading the Pack Jack Whitney, Director of Planning, referenced the excitement re the benefits of this investment, energy the way of community involvement, an abundance of economic development interest, interdepartmental cooperation, and one of the hallmarks of all efforts is a tremendous amount of public engagements. The City is extremely pleased to be affiliated in these efforts, with tremendously recognized firms. Mr. Whtney introduced Mark Dawson, Principal- Sasaki and Lynn Carolton October J 4, 2008 - 4 - C IT Y MANA G E R 'S B R IE FIN G RESORT AREA STRATEGIC PLAN ITEM # 58112 (Continued) Mark Dawson, Principal - Sasaki, extended appreciation to City Council and staff for their dedicated efforts. Mr. Dawson referenced the input of the Stakeholders. Strategic Action Plan Stakeholder Input · Think holistically about the Oceanfront Retain local identity Change the pattern of development · Increase residents - key to year-round viability · Bringfocus to open space beyond the beach (inlets, lakes, marina) Increase the depth of the market - hotel, retail. residential, entertainment Initial Concepts Connections Open Space Placemaking Development Opportunities February Charrette NORTH BEACH Open space connections to the beach · Laskin is the ORA 's best location for a concentration of high-end retail · Development and traffic patterns should be sensitive to needs of adjacent neighborhoods CENTRAL BEACH · Bring the LRT alignment through Colony · Linear park to connect the Convention Center to the Dome Site Mixed-Use Entertainment District. with the Dome as an indoor activity counterpart to the Beach SOUTH BEACH Boardwalk connection is a priority · Beach/Boardwalk needs to remain public as private development moves forward Open space should emphasize views to beach and marina Mr. Hoffman introduced his colleague. Lynn Hoffman Carlton, Sasaki. Ms. Carlton advised a DRAFT plan was again presented to the community in June which was very well attended with valuable comments on the part of the stakeholders. This, in turn was revised to the Resort Area - Master Plan Displayed a conception of the Resort Area - Master Plan October 14, 2008 - 5 - C IT Y MANA G E R 'S B R IE FIN G RESORT AREA STRATEGIC PLAN ITEM # 58112 (Continued) Development Strategies · Create great districts with distinctive identities Improve transit and pedestrian connections between destinations Create a transition from the Resort Area to the neighborhoods Enhance visual access to the Oceanfront · Grow residential Provide additional higher-quality hotels Concentrate retail Cluster office uses near Convention Center and Birdneck · Continue to focus on achieving a "Year-Round Resort" Resort Area Program Net New Development at Master Plan Buildout (2007-2030) DEVELOPMENT BASIS TOTAL SinKle-Family Units 648 M ulti- F ami/y Units 2,870 Residential Total Units 3,518 Hotel Rooms 2,100 Retail sq. ft. 725,000 Office sq. ft. 505,000 Transportation Network TRAFFIC IMPACTS Non-vehicular modes of traffic will grow · Multi-modal accommodations will increase · Typical sections and right-of-way will expand, travel lanes may narrow Wider sidewalks, bicycle accommodations, transit corridors and facilities PEDESTRIAN ORIENTED STREETS Atlantic Avenue · Maintain existing roadway and right-of-way width 19th Street · Narrow to 3 lanes, including transit 31st Street More pedestrian-friendly street thru utilization of 30th/32nd Streets as vehicular routes VEHICULAR PRIORITY STREETS Pacific Avenue Add left turn lanes, right-of-way width will expand 17th Street Add left turn lanes, right-of-way width will expand 30th/32nd Streets · Merge with 31st Street at western end October 14, 2008 III - 6 - CITY MANA GER 'S BRIEFING RESORT AREA STRATEGIC PLAN ITEM # 58112 (Continued) BIKE ROUTES ARCTIC A VENUE . Primary north-south bikeway for commuters and locals OCEANFRONT BIKEWAY Primary north-south bikeway for tourists and locals ATLANTIC / PACIFIC Shared bike-trolley lanes NORFOLK A VENUE · Short term: shared bike I multi-use trail · Longterm: shared on street bikeltravellane 17TH STREET Shared on street bikeltravellane TRANSIT LIGHT RAIL TRANSIT LINK Connects Norfolk to Town Center and Oceanfront Stations at Convention Center and Dome Site · Adjacent development benefits from transit service TROLLEY . Primary north I south connector along Atlantic I Pacific Two way on Atlantic, south of 25th One way loop on Atlantic I Pacific, north of 25th WATER TAX] / SHUTTLE · Link to Aquarium DISTRICT PARKING . Centralized and shared parking alleviates growing traffic demand Reduces surface parking Concentrates traffic flow, maximizes traffic management DISTRICTS AND CONNECTING CORRIDORS 19th / Central Beach Laskin Gateway Marina District Pacific Avenue Atlantic Avenue Ms. Carlton displayed schematics depicting the Central Beach District proposed and existing (Bird's eye view) and lcjh Street, I1h Street, Laskin Gateway, 3rt Street, Marina District, (Bird's eye view), Boardwalk, Oceanfront Corridor (Bird's eye view), Pacific Avenue and Atlantic Avenue both proposed and existing. October 14, 2008 III - 7 - C I T Y MANA G E R 'S B R IE FIN G RESORT AREA STRATEGIC PLAN ITEM # 58112 (Continued) TOP 8 PRIORITIES 1. Develop Dome Site as major entertainment venue 2. Build the Convention Center hotel 3. Complete the Laskin Gateway street project 4. Conduct Environmental Impact Study for Light Rail extension from Norfolk to Oceanfront (Dome Site) 5. Design and build (in phases) Rudee Walk between Rudee Loop and Mediterranean along Winston Salem Avenue. 6. Streetscape improvements for 19th Street and Central Beach area a. Determine right-o.fway /property impacts b. Establish roadway/sidewalk widths c. Provide transit between Convention Center and Oceanfront using 19th Street Corridor 7. Form a management entity Evaluate TIF District and/or SSD for Central Beach District (19th Street) and Laskin Gateway District (31st Street) · Facilitate land assembly · Develop a retail tenant strategy Developer solicitation · Create Resort Area Parking Authority Examples: Cincinnati Center City Development Corporation (3CDC) · River City Company · Downtown Council CINCINNATI CENTER CITY DEVELOPMENT CORPORATION Formed in 2003 to focus attention on strategic real estate developments in three downtown areas, including the riverfront Coordinates efforts with City of Cincinnati Economic Development Department and Port Authority · Operatingfunds provided by business community, foundations, and funding vehicles (tax-credit advantaged New Market Fund, Cincinnati Equity Fund) Tasks include: identifYing priority projects Packaging deals between city and private developers Overseeing implementation October 14, 2008 III - 8 - C IT Y MANA G E R 'S B R IE FIN G RESORT AREA STRATEGIC PLAN ITEM # 58112 (Continued) Created in 1986 to spur investment in the downtown and riverfront areas . Coordinates efforts with the City and County governments. the Regional Planning Agency, and the Planning and Design Studio, a public-private partnership . Funded privately (through substantial foundation support) with board representation from public and private sectors Tasks include: Purchasing key properties Creating public spaces Managing the 21st Century Waterfront Plan Enabling public process in planning Promoting housing, restaurants and retail in the downtown RIVERCITY COMPANY/ CHATTANOOGA, TENNESSEE Created in 1986 to spur investment in the downtown and riverfront areas . Coordinates efforts with the City and County governments, the Regional Planning Agency, and the Planning and Design Studio, a public-private partnership . Funded privately (through substantial foundation support) with board representation from public and private sectors Tasks include: Purchasing key properties Creating public spaces Managing the 21st Century Waterfront Plan Enabling public process in planning Promoting housing, restaurants and retail in the downtown DOWNTOWN COUNCIL, KANSAS CITY Funded and executed through the Community Improvement District Tasks include: Beyond basic "clean and safe" Unified staffing and management structure Retention and recruitment program for office and retailers Special events and marketing Research and data collection Coordinating with the parking authority 8. Develop zoning revisions for Resort Area - RT Develop form-based code (Laskin, Central Beach, Marina Districts) Revise allowable uses Consistent set backs - Adjust parking requirements Enforce design guidelines Zoning bonuses in target locations for meeting community goals (such as view corridor incentives along Oceanfront) Developer's roundtable on zoning changes · Coordination with Navy on AICUZ related policy October 14, 2008 III - 9 - C IT Y MANA G E R 'S B R IE FIN G RESORT AREA STRATEGIC PLAN ITEM # 58112 (Continued) MID TERM Detailed transit study for LRT Incentives and zoning regulations to enable transition of older hotels along Oceanfront . Inter-connectivity of pedestrian, bicycle. transit and water transportation study Target office and mixed use near Convention Center and Birdneck and 17th Street · Traffic and parking management plan Traffic study focused on 19th Street and Central Beach area Based on parking supply and demand analysis, create District parking and parking associated with retail to attract locals LONG TERM . Oceanfront Housing Fundfor worliforce (year round) housing Marketing strategy with VA Aquarium/ water taxi Set aside key property for open space Rudee Loop Plan Councilman DeSteph inquired if the Navy had been provided information and allow to comment on this plan, especially concerns re population growth and increased density. Mr. Dawson advised the Navy has been contacted and the concept aligns with their plans. Concerning access, the Rudee Boardwalk has been developed to allow driving on the Boardwalk to provide access to the boats. Concerning eliminating on-street parking, Ms. Carlton advised the on- street parking has not been eliminated in many places; it has been taken from diagonal to parallel parking. Mr. Dawson advised when individuals come to dine in the evening, they do not mind the stroll from the Municipal Parking Garages to the retail. Councilman Uhrin advised there would be structured parking to satisfy the needs of the new development. Mr. Dawson advised you cannot under estimate the need to perform a more detailed Resort Parking Strategy review. Some of the parking currently is in the wrong place. Councilman DeSteph inquired where the funding was derived to add a management company to manage the whole Oceanfront and how would the Workforce Housing work at the Oceanfront. Mr. Dawson is working with the Cincinnati Center City Development Corporation (3CDC) and the City of Cincinnati. Foundations and corporate leaders sponsor the funding for a management group. There is some budgetary relief from the City; however, the majority is carried by the private sector. Lynn Carlton advised this is a project for the long term; but, as the development grows, monies can be placed in afund to encourage the Workforce Housing. The financing could be through the developer, or businesses and sometimes through the management entity with a special assessment. This would be a method to create more Workforce Housing. October 14, 2008 III - 10- C IT Y MANA G E R 'S B R IE FIN G RESORT AREA STRATEGIC PLAN ITEM # 58112 (Continued) Councilman Villanueva inquired re the time line for the Environmental Impact Statement. Councilman Uhrin advised Hampton Roads Transit is hoping to secure the funding from the State this November/December time frame. HRT will be the entity to carry out the contract. Robert Matthias, Assistant to the City Manger, advised being assured the City will receive $2-MILLION from the Virginia Department of Transportation. Secretary Homer has indicated he is attempting to make this a priority. Tomorrow, October 16, 2008, the Commonwealth Transportation Board is going to be unveiling the restricted new six-year plan. Another 60% cut in urban secondary and primary funding. However, Secretary Homer has said if any new project is included, it will be the funding for the new Environmental Impact Statement (EIS). Councilman Diezel inquired re the non-Summer Worliforce Housing in terms of how far the workers commute. In Myrtle Beach, the commute is sometimes thirty (30) miles or more. There is a tremendous influx of Summer workers from Eastern Europe and other nations. Mayor Oberndorf inquired if any of the Resort Area that does bring in these wonderful young people from abroad to work and have the businesses provide a cooperative so they could defray the cost of building the facility that would serve the needs as far as staffing the different stores and restaurants. Thus, not having to be provided by the taxpayers. MI'. Carlton advised these accommodations would be provided through the Housing Fund. Councilman Uhrin referenced an initiative of Yaron Sabony, owner of Sensations. at the Oceanfront who had converted an old hotel into dormitory facilities for the foreign exchange students. This provides a safe environment for the students at a reasonable rent. Councilman Uhrin advised one of the components of the Environmental Impact Statement will be to analyze the entire grid of bus service. Mr. Dawson, advised rather than parking in the culmination of the project, transit would be relied upon. The parking plan and mass transit go "hand-in-hand". Councilman Wood advised, HRT will place as many buses on the road as needed; however, the City Council must prioritize. Once, the Environmental Impact Statement is completed, the deficiencies will be noted. Relative the funding, Mr. Dawson will provide the Mayor contact information for the Executive Director of (3CDC) Cincinnati Center City Development Corporation, who can provide information relative the assessment to the business communities and the foundations. Mayor Oberndorf advised she attended a Chamber of Commerce Field Trip to Cincinnati and they did show these improvements. Councilman Uhrin emphasized the depiction of the Viking Hotel on Atlantic Avenue. It is the owner's intent to actually redevelop this Hotel this year into a mixed use office and retail with parking internal to the site. Mr. Whitney advised the form based zoning concept to implement the Resort Area Strategic Action Plan is a companion to the Plan. The existing zoning ordinance requires a lot of work. not only in the Resort Area, but elsewhere in the City in order to affect the plans of the community. On October 28. 2008, City Council will consider a Resolution to direct the Strategic Plan for a recommendation. The final plan is scheduled to be considered by City Council on December 2, 2008. A work effort will be planned to revise and reform the zoning ordinance in order to implement this plan. The zoning ordinance will affect the entire City. As the Strategic Growth Areas are being developed, a plan with refinements to the zoning ordinance may be necessary. October 14, 2008 III - 11 - C IT Y MANA G E R 'S B R IE FIN G RESORT AREA STRATEGIC PLAN ITEM # 58112 (Continued) Mayor Oberndorf requested footnotes be made concerning the length of time of this study, the number of individuals participating and the location of the meetings. Councilman Uhrin advised this power point will be on line. Councilman Uhrin suggested an additional slide be added which will quantify the process with the stakeholder input enlarged. Mayor Oberndorf referenced the Newtown SGA, and if this included Newtown Road encompassing the Carolanne Farms area and higher density. Would the residents of her area have a chance to sit down at a "round table" and be informed of the concepts to light rail as well as what this would mean to them and their particular areas. Pubic safety is a major concern in her neighborhood. This topic was made apparent during the Candidates Forum at the Carolanne Farms Civic League. Mr. Herbert advised re the Newtown SGA, the same processes will be followed with the Resort Area and Burton Station SGAs, with major emphasis on public involvement. October 14, 2008 III - 12 - CITY COUNCIL COMMENTS 4: 12 P.M. ITEM # 58113 Mayor Oberndorf advised this will be the first year the Marine Corps is bringing the Birthday Ball to the Convention Center in Virginia Beach. Mayor Oberndorf has attended the Ball for the past twelve (12) years, urging them to move the Ball back to the Beach. The representatives were most impressed with the facilities. Councilman Dyer advised the Marine Corps takes their Ball very seriously, like watching a Broadway show. The Marines have upgraded the Marine Corps Museum at Quantico. ITEM # 58114 Council Lady Henley referenced the City finances and although the analysis concerning revenues are received, a presentation to guide the City Council would be beneficial Council Lady Henley requested time to allow for regular updates re revenue and expenditures. The City Manager advised the 5-year Forecast is scheduled for November 18, 2008. Details are still being received re the Governor's requests. At 2:00 P.M, this afternoon, October 14, 2008, a cut was received on the 599 Public Safety Funds OF s $388,000 (the City's share statewide). The $7.5-MILLION shortfall IS in terms of fuel and elderly tax relief Revenues are under performing in the amount of approximately $4-MILLION on an annualized basis and the State cuts are approximately another $4- MILLION. Therefore, in this current year, it is about a $15. 5-MILLION problem. The departments are working toward adjusting this loss. Council Lady Henley just wanted to be kept "up-to-date ", even if with just a short explanation at each of the City Council meetings. ITEM # 58115 Council Lady Henley referenced last evening, October 13, 2008, the Agricultural Advisory Commission met. Earlier in the year, there was a Police representative in attendance. The Police Officer discussed the problem with farm use vehicles. Certain vehicles for farm producers are legally not licensed, as long as they area utilized for agriculture within a certain distance of the farm. Unfortunately, non-farmers also tend to violate the privilege. A "sticker" program has been devised by the Police Department. The Agriculture Department will administer this program and only give stickers to producer farmers for their trucks. This will enforce validity. The Fire Department also indicated an issue concerning burning, particularly in wheat fields. The Fire Department is often mistakenly called. A program has been instituted, where a yard sign will be issued advising a permit has been given for a permitted burn. The Virginia Beach Farm Bureau will be funding both of these programs and they will develop the stickers and signs. ITEM # 58116 Council Lady Henley referenced two (2) invitations, both for the afternoon of October 29, 2008, in the southern portion of the City. A reception, 2:00 P.M - 4:00 P.M has been scheduled at the Senior Resource Center - 912 Princess Anne Road, as their first year celebration. That same afternoon, 4:00 P.M - 6:00 P.M is a "Harvest Ag Gathering" This event will be a "welcome" to the new Director of Agriculture, David Trimmer. A "Pig Picking" dinner will be served. This event will be held at Land of Promise Farms, 3169 Land of Promise Road. October 14, 2008 III - 13 - CITY COUNCIL COMMENTS ITEM # 58117 Councilman DeSteph expressed appreciation to the Secret Service and the Hilton Hotel staff for their guarding the safety of Republican Vice Presidential Candidate Sarah Palin re her overnight stay on Monday, October 12, 2008. ITEM # 58118 Councilman DeSteph read an e-mail from the President of the USO - Hampton Roads, John Thompson, advising well over two hundred (200) disabled Vets, on speciality bicycles riding through Norfolk and Virginia Beach, participated in the "Road to Recovery" this past weekend. Sergeant Burnett co- ordinated this event for the Police Department. John Thompson said to please pass on his appreciation to all the motorcycle Police that escorted the "Road to Recovery". Councilman DeSteph has received four (4) different telephone calls referencing this spectacular event. ITEM # 58119 Concerning finances, Councilman DeSteph advised at the State level, there have been one hundred (100) layoffi. The State advised the reductions will be under nineteen hundred (1900). Councilman DeSteph hopes the City Manager and Robert Matthias could receive more accurate numbers relative reductions. Councilman DeSteph also requested a projection, not only on the year 2009, but 2010. Councilman DeSteph requested information concerning the City's approach to this situation. Councilman Villanueva advised hiring freezes are in place, and the department directors are examining 5%/10%/15% cuts. The City Council needs to join with the City Manager and staff in conversation to thoroughly consider some of these financial issues. Further study might merit some kind of solution. The right balance must be ascertained. Councilman Dyer believes the financial situation underscores the Ordinance scheduled for tonight's City Council Session: Ordinance to AMEND ~ 2-20 of the City Code re time and place of regular City Council meetings Currently, the City Council has regular meetings on the First, Second, and Fourth Tuesday of each month. This ordinance will change City Council's regular meetings to the 2nd and 4th Tuesday of each month and City Council will convene Workshops on the First and Third Tuesday of each month. Therefore, there will be two (2) Workshops per month. These changes will allow more collaborative discussion with the Virginia Beach City School Board. the City's Legislative Delegation and our budgetary items. If a particular area of the City may be involved, the City Council could conduct their Workshop in that vicinity. If adopted, this Ordinance would be effective Januarv 1, 2009. After adoption of this Ordinance, the City Manager will distribute a questionnaire re City Council's discussion topics. These can be prioritized in developing the City Council's agenda. These can be structured through the Agenda process and planned on the calendar for the whole year. October 14, 2008 III - 14 - CITY COUNCIL COMMENTS ITEM # 58120 Mayor Oberndorf advised she and Council Ladies Henley, McClanan and Wilson have been contacted by very conscientious members of the City, who are very anxious to have a "no kill" animal shelter. The City Manager has formulated a description of the type of individual to administer the shelter. Therefore, it would not be a burden on the Police Department. This will entail an appropriation. The City Manager referenced the Resolution (ADOPTED: March 4, 2008) Resolution to SUPPORT an Adoption-Friendly Animal Control facility (requested by Mayor Meyera E. Oberndorf). A couple of progress reports have been issued. One of the key elements that the Society for the Prevention of Cruelty to Animals (SPCA), Animal Control, the Police Department and the City Manger's staff identified is to create the Animal Control Manager. The Budget would have to be amended. A timetable has been outlined re this recruitment. The City Manager wishes to have the position filed shortly after the first of the year to work with the community and the architect in the location and design of the new facility, as well as to start managing the shelter. This can be scheduled for the City Council Session October 28, 2008. ITEM # 58121 Council Lady Henley inquired re the number of items that would require a new appropriation. She feared the reserve for contingencies would be depleted. The City Manager advised the only (3) new appropriations of which he has knowledge: Ordinance to ESTABLISH a Capital Improvement Program [CIP] project and TRANSFER the necessary funds for the Town Center Pedestrian Safety Improvements (October 14, 2008 City Council Session) Ordinance to TRANSFER funds and APPROVE two (2) full-time, City-funded positions re Commonwealth's Attorney Office re domestic violence. (ADOPTED: October 7, 2008 City Council Session) Ordinance to APPROPRIA TE funds for the Animal Control Manager of the new Adoption-Friendly Animal Control facility ITEM # 58122 Councilman DeSteph advised this past weekend the City Attorney and his staff rewrote the Community Legislative Agenda preface. On Monday, October 13, 2008. the City Manager, City Attorney, Robert Matthias - Assistant to the City Manager, Patricia Phillips, Director - Finance, and Councilman DeSteph reformatted the entire Community Legislative Agenda. During the Community Legislative Agenda Discussion, City Council Workshop, Tuesday, October 21, 2008, Item 10 (Automatic Enrolment for New Employees into the City's Deferred Compensation Program, 11 (Do not Refund Employer Paid Contributions), 12 (Job Related Disabilities) and 13 (Retirement Benefits for Involuntary Separation) will be reviewed and ramifications discussed. Issue papers to the communities affected by the Community Legislative Agenda have not been distributed. The Employee's Review Task Force should be reconvened to examine some of these issues. October 14, 2008 III - 15 - CITY COUNCIL COMMENTS ITEM # 58122 (Continued) Concerning Items 10, 11, 12 and 13, Council Lady Henley requested relevant recommendations from the Employee Benefits Review and the Blue Ribbon Tax, Fee and Spending Task Forces. Councilman Diezel concurred with Council Lady's suggestion. The employees need to be advised of the issues. ITEM # 58123 Councilman DeSteph advised currently the Mayor, Vice Mayor City Manager, City Attorney and City Clerk compile the Agenda. Councilman DeSteph suggested the City Council follow the School Board's method of preparing the Agenda. Their Chairman would rotate different School Board members to compile the Agenda. Councilman DeSteph would support different members of City Council rotating to prepare the Agenda. Council Lady Wilson was a Member of the School Board when this change was made due to a problem with the administration? Council Lady Wilson does not feel the need to participate in compiling the Agenda. She is satisfied with Mayor Oberndorf and Vice Mayor Jones compiling the Agenda. Any items which Council wishes added to the Agenda have never presented a problem. ITEM # 58124 Council Lady Wilson referenced an e-mail form her brother who just adopted a German Shepard (who was ready to be euphonized) from a Shelter. His name is "Harry". ITEM # 58125 Councilman Villanueva referenced Memorandum from Frank Roberts, Executive Director - Hampton Roads Military and Federal Facilities Alliance (HRMFFA) Executive Committee providing an update on their activities. Vice Mayor Jones and Councilman Villanueva had the opportunity to meet with the Alliance. The Alliance indicated the need to educate the City re military facilities. Councilman Villanueva believes this is wrong. Councilman Villanueva wished to reexamine the appropriations to this group as to whether or not they are justified. October 14, 2008 III - 16 - AGE N DA REV IE W S E S S ION 4:48 P.M. ITEM # 58126 BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA: K. RESOLUTION/ORDINANCES 1. Resolution to AUTHORIZE the issuance of General Obligation School Bonds not to exceed $7.5-Million to be sold to the Virginia Public School Authority [Deferred October 7J 2. Ordinance to AMEND 9 2-20 of the City Code re time and place of regular City Council meetings 3. Ordinance to ESTABLISH a Capital Improvement Program [CIPJ project and TRANSFER the necessary funds for the Town Center Pedestrian Safety Improvements 4. Ordinance to ACCEPT and APPROPRIATE Grants: a. From the Virginia Settlement Foundation to Parks and Recreation's FY 2008-09 Operating Budget re projects to prevent tobacco use by underage persons b. From the United States Department of Justice to the Police, Sheriff and the Domestic Relations District Court re public safety and criminal processing 5. Ordinance to APPROPRIATE funds to provide an interest-free loan to the Kempsville Volunteer Rescue Squadfor the purchase of a replacement ambulance [Deferred October 7J Item K.2 (to AMEND * 2-20 of the City Code time and place! City Council meetings) shall be DEFERRED, BY CONSENT, until the City Council Session of November 18,2008. Resolution to RECOGNIZE the JT WALK and OBSERVE October 19,2008, as "JOSH THOMPSON DA Y" shall be ADDED to the Agenda. October 14, 2008 III - 17 - AGE N DA REV IE W S E S S ION ITEM # 58127 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: L. PLANNING 1. Ordinance to AUTHORIZE a six [6] month extension of time to satisfy conditions in the closing, vacating and discontinuance of a portion of a street, known as Grimstead Road, south of Back Bay Landing Road in behalf of Joseph W. Freeman, Jr. DISTRICT 7 - PRINCESS ANNE 2. Variance to 94.4b of the Subdivision Ordinance, requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO): a. CMSS ARCHITECTS, Pc, re reconfiguration of the three (3) lots for single- family residences at 4949 Lookout Road DISTRICT 4 - BAYSIDE b. TONY and HELEN FLEMING re an existing single-family residence at 3373 Head River Road DISTRICT 7 - PRINCESS ANNE 3. Application of BRENDA BRIGGS t/a KINGDOM KIDS DA YCARE for a Conditional Use Permit re a daycare facility at 700 Sullivan Circle DISTRICT 4 - BAYSIDE 4. Application of NEW CINGULAR WIRELESS, t/a AT&T for a Conditional Use Permit re a monopole communications tower and Modification of the Timberlake Land Use Plan to accommodate the tower, [approved by City Council on May 24, 1994], at 4293 Holland Road DISTRICT 2 - KEMPSVILLE 5. Applications of 1250 CENTERVILLE, L.L.C., at 2120 Centerville Turnpike: DISTRICT 1 - CENTERVILLE a. Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District re townhouse-style multi- family dwelling units b. Conditional Use Permit refuel sales with a convenience store Item L. 5a/b will be DEFERRED INDEFINITELY, BY CONSENT October 14. 2008 III - 18 - ITEM # 58128 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION. pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration oj, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(l) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Independence Boulevard/Princess Anne Road Lynnhaven District Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed Into CLOSED SESSION at 5:00 P.M. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva (Closed Session: 5:00 P.M. - 5:45 P.M.) (Dinner: 5:45 P.M. - 6: 12 P.M.) October 14, 2008 III - 19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 14, 2008 6: 12 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday October 14,2008, at 6:12 P,M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCA TION: Reverend Jason Lewis. Pastor, Virginia Beach Christian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial '') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. October 14, 2008 III - 20- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. October 14, 2008 III - 21 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 58129 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #58128, Page 18, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOliv, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard) discussed or considered by Virginia Beach City Council. ~ City Clerk October 14) 2008 III - 22 - Item V-F.] ITEM # 58130 Upon motion by Councilman Dyer, seconded by Councilman Diezel" City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 7, 2008. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 23 - Item V-G.1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 58131 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution to RECOGNIZE the JT WALK and OBSERVE October 19, 2008, as "JOSH THOMPSON DAY" October 14, 2008 III - 24 - Item V-H.1. MAYOR'S PRESENTATION ITEM # 58132 Mayor Oberndorf PRESENTED the Resolution to Bruce Thompson, Father of Josh, DECLARING: October 19,2008 JOSH THOMPSON DA Y Josh Thompson, an active young man, loving husband, devoted father, dedicated community Volunteer and successful businessperson, whose courageous fight with Amyotrophic Lateral Sclerosis (ALS), now commonly known as "Lou Gehrig's Disease" has inspired a record breakingfundraiser for ALS, the "JT WALK AND BEACH PARTY" to be held in Virginia Beach on October 19, 2008 Bruce Thompson accepted the Resolution with appreciation on behalf of his mother, his wife, Joy, son - Chris and Josh's two (2) sons. Josh has inspired the largest ALS event that has ever occurred in the United States. Approximately one month before Josh's son was born, Josh was diagnosed with ALS. Three is "cutting edge" research, throughout the World, involving stem cells and access to drugs on an expedited basis. With Josh's urging, for the local community, the "JT WALK AND BEACH PARTY" was organized. During Mr. Thompson acceptance, photographs of Josh were displayed. Litterallly hundres are involved in the Beach Party component. Over 3,500 have signed up to participate in the 'JT WALK". An average of $200 per person is generatedfrom a walk ofth is nature. The ALS Asssociation has been requested to allow dedication of 40% of the funds to a Research Grant to John Hopkins. The remainder, in Josh's name, will go to the local chapter of the ALS to provide patient services. Mr. Thompson desires to build a park for disabled children on the Oceanfront. Mr. Thompson invited all to attend Saturday, October 18, 2008, 5:00 P.M, for the Presentation to significant contributors and team captains at the Virginia Aquarium and a Marine Science Museum. Councilman Uhrin, requested all those in attendance supporting the JT WALK stand. Councilman Uhrin has been fortunate to be friends with Josh for many years. He is also a fierce competitor. If there is anyone who would like to sponsor Councilman Uhrin's team, he will be located online under JTWALK.org, go to Josh's Boys. The JT WALK will commence at 10:00 A.M, with the ALS walk commencing at 11:00 A.M, Sunday, October 19, 2008. The Beach Party will commence 12:00 NOON to 4:00 P.M October 14. 2008 III RESOL UTION WHEREAS: Netuly sevenly yean ago, Baseball Legend and American Hero, Lou Gehrig, unknowingly gave his ntune to a mysterious and rare dlsblSe when he stood on tile ./kId III Yankee StadiUIII on July 4, 1939, and tUlivered one of the most memorable speeches in American history, announcing to the world thlll "today, 1 consider myself the luclciest 11IOII on the face of the etlI1h"; WHEREAS: This disease - - called Amyotrophic Lllleral Sclerosis fALS} - - WtIS fint identified in 1869 and the causu or how it can be prevented, effectively trellled or cund an stUl unknown; indud, the prognosis for a penon diagnosed with ALS in 2008 is the same as it was for a penon dill/lnO$ed in 1869; WHEREAS: Sadly, we know today thlll many more men and women suffer from this tragic disease, most cOllllllOnly known as "Lou Gehrig's Disease". For those ftunilies w~o are afJIicted with this insidious disease, there is tile ALS Assocllllion with more thanforty-one chtlpten and ajJUJalesln the United Stllles who advocllle for funding, research, pubUc policies, stille and federal resourcu; WHEREAS: Josh Thompson, an active young 11IOII, loving husband, devoted flllher, dedicllled community Volunteer and succusful busine$$penon, whose courll/letJus fight with ALS has inj,pired a record brealclng fundrflisu for ALS, the" JT WALK AND BEACH PARTY" to be held In Virginia Beach on October 19, 2008; and, WHEREAS: Ruearch is needed to solve the mysteries of ALS, and resources are also vital for the care of those living with this dreaded disease so they can be provided access to qlUllity medical care, an improved quality of life and assistance and support to them and their families. NOW, THEREFORE, BE IT RESOL VED: Thill the Virginia Beach City Council and all citizens recognize the tragedy of ALS, join in the JT WALK and observe: October 19,2008 as JOSH THOMPSON DAY BE IT FUTHER RESOL VED: That each Member o/City Council sign this Resolution with their seal tIS II pll11 0/ the record/or the Minlltes 0/ this F ornud Session on this FolUteenth dllY o/October Two Thousllnd find Eight.... with II copy to be personally delivered to Josh TAw ~ '!t ~1ii .~ E:M.~ t :'-fto' ~ Reba S. McO 4. III - 25 - Item V-H.2. MAYOR'S PRESENTATION ITEM # 58133 Councilman Dyer RECOGNIZED the following Cub Scouts in attendance to earn their merit badges for civic responsibility: Scout Troop #481 Sponsored by: St. Aidens Episcopal Church in Little Neck James Krudop Mark Krudop The Scouts were accompanied by their Mother. Mayor Oberndorfpresented each Scout with a City Seal pin. October 14, 2008 III - 26- Item V-H.3. ADD-ON ITEM # 58134 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED to the Consent Agenda as Item 6: Resolution to RECOGNIZE the JT WALK and OBSERVE October 19, 2008, as "JOSH THOMPSON DA Y". Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 27- Item V-II. RESOLUTION ITEM # 58135 Mayor Oberndorf INVITED PUBLIC COMMENT: Workforce Housing Advisory Board There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT. October 14, 2008 III - 28 - Item V-K. RESOLUTIONS/ORDINANCES ITEM # 58136 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1,2, 3, 4a1b, and 6 (ADD-ON) o/the CONSENT AGENDA. Item K.2 (AMEND ~ 2-20 of the City Code time and place (City Council meetings) shall be DEFERRED, until the City Council Session of November 18, 2008. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 29- Item V-K.1. ORDINANCES/RESOLUTIONS ITEM # 58137 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to A UTHORIZE the issuance of General Obligation School Bonds not to exceed $7.5-Million to be sold to the Virginia Public School Authority Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2008B, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,500,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in January 2008, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Virginia Beach, Virginia (the "School Board"), for a loan of $7,500,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school facilities (the "Project") in the City of Virginia Beach, Virginia (the "City"), on the First Priority Waiting List; WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one year of placement of the Application on the First Priority Waiting List upon receipt by the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund; WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at 3% per annum and mature in annual installments for a period of 20 years; WHEREAS, in connection with the 2008 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, in response to the VPSA offer under the Program, the City Council (the "City Council") has determined to issue general obligation school bonds for the purpose of financing certain projects for school purposes, including without limitation, the Project; and III WHEREAS, the City has held a public hearing, duly noticed, on April 19, 2007, on the issuance of general obligation bonds for, among other purposes, school purposes, in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); WHEREAS, on May 15, 2007, the City Council adopted an ordinance authorizing the issuance of general obligation bonds for, among other purposes, school purposes, in the maximum amount of $63,800,000, none of which bonds have been issued and sold; and WHEREAS, the School Board has, by resolution adopted on September 9, 2008, requested the City Council to authorize the issuance of general obligation school bonds and consented to the issuance of such bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The City Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $7,500,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes, including without limitation, the Project described in Exhibit B. The City Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of VPSA to purchase from the City, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Mayor and the City Manager, either 01' whom may act. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 10, 2008 (the "Bond Sale Agreement"), with VPSA providing for the sale of the Bonds to VPSA. The Bond Sale Agreement shall be in substantially the form submitted to the City Council at this meeting, which form is hereby approved with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing the Bond Sale Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2008B"; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15, beginning July 15, 2009 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to 2 III be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and fifty one-hundredths percent (6.50%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution and provided further that the final maturity of the Bonds occurs no later than December 31, 2028. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted by the City Manager as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Pavine: Ae:ent and Bond Ree:istrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next succeeding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) The Bank of New York Mellon, Richmond, Virginia, is designated as bond registrar and paying agent for the Bonds (the "Bond Registrar"). The City, in its sole discretion, may replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar. 7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the City Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Mayor or Vice Mayor, either of whom may aet, and the City Clerk or any Deputy Clerk, either of whom may act, are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Plede:e of Full Faith and Credit. For the prompt payment of the principal of and interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged. In each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of 3 III the principal of and the interest on the Bonds as such principal and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicablc regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The City Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The City Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, thc City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the City Council at this meeting, which form is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing such Proceeds Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement, substantially in the form attached as Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities and Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Further Actions. The members of the City Council and all officers, employees and agents of the City are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 4 III 14. Effective Date. This Resolution shall take effect immediately. October 14, 2008 * * * The undersigned City Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council of Supervisors held on October 14, 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Members absent from the meeting were: Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the City of Virginia Beach, Virginia, this ___ day of October, 2008. City Clerk, City of Virginia Beach, Virginia [SEAL] 5 III EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-l $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation School Bond Series 2008B The CITY OF VIRGINIA BEACH, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15,2009, and annually on July 15 thereafter to and including July 15,20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi- annually on January 15 and July 15 of each year, commencing on July 15, 2009 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, The Bank of New York Mellon, Richmond, Virginia, or any successor entity appointed by the City, as bond registrar and paying agent (the "Bond Registrar"), shall make all payments of principal of and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11 :00 a.m. on the applicable Payment Date. If a Payment Date is not a business day for banks in the A-I III Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of or interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next succeeding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of and interest on this Bond as the same shall become due, which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and an ordinance and resolutions duly adopted by the City Council and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal A-2 III amount having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City Council of the City of Virginia Beach has caused this Bond to be issued in the name of the City of Virginia Beach, Virginia, to be signed by its Mayor or Vice Mayor, its seal to be affixed hereto and attested by the signature of its City Clerk or any of its Deputy Clerks, and this Bond to be dated November 20, 2008. CITY OF VIRGINIA BEACH, VIRGINIA (SEAL) ATTEST: Mayor, City of Virginia Beach, Virginia City Clerk, City of Virginia Beach; Virginia A-3 III ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premIses. Date: Signature Guaranteed: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. 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NN~"",""I'"'" o .. ----- t'.!f"'.- :=;:",.......... .,. .c g ~ 1: 4i ~ro <.> ~ o~ (Q.c.--Q crJ ..!! .2 rJ'J :: 1:: ~ _ oc a::J c"'g><ij'" """,Eo.- '~~'S: m fijil.S?~~tl M >~~o.s&8~u::il:u: ~O~NMV~W~~~O-NM~~w~wmO_NM~~~~~m o~~---~~~......-NNNNNNNNNNM~~~MMMMM~ 0000000000000000000000000000000 NNNN~NNNNN~NNNN~NNNNNNNNNNNNNN~ <;". o o "" 0 '" 0 .... en ... 0 ~ '" <i ;;,; '" <{; '" <J5 ui ... "" -0 .. 0.. fl '<: 0.. ~ Z 0 0 Lri 1-- '" -i co 1-- cri .... 0 0 Lri ..... (Y) -i CD '" N' '" o o o ci o In ...: .... ~ "' .... ..j N .... "' r:J1 " 'S: III oo > 0.. ..... ~ d ~ ;;:. ..... al ... ..... en ..... ~' 6 ... "'.. 0 00 8 ....'" 0 00 Nt-: d 00 g "'I"> Q OQ NN ill 0'" '" ~-n ",- cuS ui UlV ., 0 ~ ........ '" '" ui ....- ,.: ....- ... ... ... ... "' " '"- '" c o ::l l ~ s "' "' e< 0_ 0"' Ill>. t;8 0" ...J- ~.! ~!;!. ~ z" l; <oo (/lc s' g ~.9 00 1-1XI "' .., " "' ::l "' U. ., 't:> 'S ~ e ::l "' "' ::l U. ., 0 '0 .. ., (/l ::l <> 5 ;;; I/) ;; ~ ., ~ 0 ~ t/) 0 !1 0 0 0 ., 0 0 "l. "l. ci 0 Q C> 0 0 '" '" '" ,.: ....- ..: ... .... ... .. g 0 c 1:) III 0 co ...J 'e ~ 0.. e ~ s 0:J I- " e <II " III U. ., "" '0 " " 5 ::l "' <II U. ., 0 '0 .. ., <IJ ::l ~ :5 ~ ;; ::l 0 0 "' ~ U) I- ::l III PROJECT DESCRIPTION The Project consists of the construction of a replacement middle school. B-1 22764.000273 EMF US 26221473v3 EXHIBIT B III 11" SCHOOL BOARD Daniel D. Edwards Chalnnan District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495.3551 (h). 717-0259 (c) Rita Sweet Bellltto Vice Chairmen At-Large P.O. Box 6448 VA Beach, VA 23456 418-0960 (c) William J. "Bill" Brunke, rv District 7 - Princess Anne 4099 Foxwood Dr., Suite 201 Virginia Beach, VA 23462 222.0134 (w) .286-2772 (c) Todd C. Davidson At-Large 2424 Savannah Trait VA Beach, VA 23456 42J,3330 (w) . 285.9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Patricia G. Edmonson District 6 - Beach 401-205 Harbour Point VA Beach. VA 23451 675-0137 (h) Edward F. FIlSinger, Sr, At-Large 412 Beclon Place VA Beach, VA 23452 486-4567 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) Sandra Smlth.Jones District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W. Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (w) Carolyn D. Weems At-Large 1420 Ciaudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 'ViRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION RATIFYING THE FILING OF AN APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A SUBSIDY LOAN IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,500,000 AND REQUESTING AND CONSENTING TO THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS WHEREAS, the School Board (the "School Board") of the City of Virginia Beach, Virginia (the "City"), has determined that it is necessary and desirable to undertake various capital improvements for its public school system, including the replacement of the Virginia Beach Middle School facility; BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH: 1. The filing of an application with the Virginia Public School Authority ("VPSA") for a subsidy loan to the City in a principal amount not to exceed $7,500,000 to finance various capital improvements to the City's public school system is hereby ratified. The actions of the School Superintendent, in collaboration with the other officers of the School Board and officers of the City, in completing and filing such application and delivering it to VPSA are hereby ratified. 2. The School Board (a) requests that the City Council issue general obligation school bonds in an aggregate principal amount not to exceed $7,500,000 (the "Bonds") to VPSA for the purpose of financing various capital improvements to the City's public school system, including the replacement of the Virginia Beach Middle School facility, and (b) consents to the issuance of the Bonds to VPSA. 3. The Clerk of the School Board is authorized and directed to cause a certified copy of this Resolution to be delivered to the Clerk of the City Council. 4. This resolution shall take effect immediately. Adopted by the School Board of the City of Virginia Beach this 9th day of September 2008. ~e~~ Chairman SEA L ATTEST: ~ t?Cl1w~ Dianne P. Alexander Clerk of the Board School Administration Building' 2512 George Mason Drive. PO. Box 6038 . Virginia Beach, VA 23456-0038 WW. vbschools.com 11" VIRGINIA PUBLIC SCHOOL AUTHORITY BOND SALE AGREEMENT Name of Jurisdiction (the "Local Unit"): Sale Date: The VPSA Sale Date (expected to be on or about October 22, 2008) Closing Date: On or about November 20, 2008 Proceeds Requested: Maximum Authorized Par Amount: Amortization Period: ******************************************************************************* 1. The Virginia Public School Authority ("VPSA") hereby offers to purchase, solely from the proceeds of VPSA's Series 2008 B Bonds ("VPSA's Bonds"), your general obligation school bonds at a price, determined by VPSA to be fair and accepted by you, that, subject to VPSA's purchase price objective and market conditions described below, is substantially equal to your Proceeds Requested set forth above (as authorized by your bond resolution). The sale of VPSA's bonds is tentatively scheduled for October 22, 2008, but may occur, subject to market conditions, at any time between October 13, 2008, and October 30, 2008 (the "VPSA Sale Date"). You acknowledge that VPSA has advised you that its objective is to pay you a purchase price for your bonds which in VPSA's judgment reflects their market value ( "purchase price objective ") taking into consideration such factors as the amortization schedule you have requested for your bonds relative to the amortization schedules requested by the other localities for their respective bonds, the purchase price received by VPSA for its bonds and other market conditions relating to the sale of VPSA's Bonds. You further acknowledge that VPSA has advised you that such factors may result in your bonds having a value other than par and that in order to receive an amount of proceeds that is substantially equal to your Proceeds Requested, you may need to issue a par amount of bonds that is greater or less than your Proceeds Requested. You, at the request of VPSA, agree to issue an amount of the local school bonds not in excess of the Maximum Authorized Par Amount to provide, to the fullest extent practicable given VPSA's purchase price objective, a purchase price for your bonds and a proceeds amount that is substantially equal to your Proceeds Requested. You acknowledge that the purchase price for your bonds will be less than the Proceeds Requested should the Maximum Authorized Par Amount be insufficient, based upon VPSA's purchase price objective, to generate an amount of proceeds substantially equal to your Proceeds Requested. 2. You represent that on or before October 10, 2008, your local governing body will have duly authorized the issuance of your bonds by adopting a resolution in the form attached hereto as Appendix B (the "local resolution") and that your bonds will be in the form set forth in III the local resolution. Any changes that you or your counsel wish to make to the form of the local resolution andlor your bonds must be approved by VPSA prior to adoption of the local resolution by your local governing body. 1 3. You hereby covenant that you will comply with and carry out all of the provisions of the Continuing Disclosure Agreement in the form attached hereto as Appendix F, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing Disclosure Agreement as any Local Issuer the principal amount of whose local school bonds pledged under VPSA's 1997 Resolution comprises more than 10% of the total principal amount of all outstanding 1997 Resolution bonds. MOP status will be determined by adding the principal amount of your local school bonds to be sold to VPSA and the principal amount of your local bonds previously sold to VPSA and currently pledged under VPSA's 1997 Resolution and measuring the total against 10% of the face value of all bonds outstanding as of the Closing Date under VPSA's 1997 Resolution. If you are or may be a MOP, VPSA will require that you file all the information described in the following paragraph prior to VPSA's distribution of its Preliminary Official Statement, currently scheduled for October 14, 2008. You acknowledge that if you are, or in the sole judgment of VPSA may be, a MOP following the issuance of your local school bonds that are the subject of this Bond Sale Agreement, VPSA will include by specific reference in its Preliminary Official Statements and fmal Official Statements (for this sale and, if you remain a MOP or become a MOP again after ceasing to be a MOP, for applicable future sales) the information respecting you ("Your Information") that is on file with the Nationally Recognized Municipal Securities Information Repositories or their respective successors ("NRMSIRs") and the Municipal Securities Rulemaking Board or its successors ("MSRB"). Accordingly, if VPSA has determined that you are at any time a MOP (I) following the delivery of your local school bonds to VPSA in connection with this sale, or (II) during the course of any future sale, whether or not you are a participant in such sale, you hereby represent and covenant to VPSA that you will file such additional information, if any, as is required so that Your Information, as of each of (I)(A) the date of VPSA's applicable Preliminary Official Statement (in the case of this sale, expected to be October 14, 2008), (B) the date ofVPSA's applicable fmal Official Statement (in the case of this sale, expected to be October 22, 2008) and (C) the date of delivery of VPSA's Bonds (in the case of this sale, expected to be November 20, 2008) and (II) such other dates associated with future sales as VPSA may specify to you, will be true and correct and will not contain any untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it is included by specific reference in VPSA's official statement or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading. You further agree to furnish to VPSA a copy of all filings you make with NRMSIRs and the MSRB subsequent to the date The local resolution has been drafted for the issuance of bonds by a County. Bond counsel will need to make appropriate changes in the local resolution for the issuance of bonds by a City or Town. 2 11" of this Agreement. Such copy will be furnished to VPSA on or before the day that any such filing is made. VPSA will advise you within 60 days after the end of each fiscal year if you were a MOP as of the end of such fiscal year. Upon written request, VPSA will also advise you of your status as a MOP as of any other date. You hereby covenant that you will provide the certificate described in clause (e) of Section 4 below if VPSA includes Your Information by specific reference in its disclosure documents in connection with this sale or any future sale, whether or not you are a participant in such sale. 4. VPSA's commitment to purchase your bonds is contingent upon (I) VPSA's receipt on the Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution (see Appendix B attached hereto) and the school board resolution (see Appendix E attached hereto), (c) an executed agreement, among VPSA, you and the other, if applicable, local units simultaneously selling their bonds to VPSA, the depository and the investment manager for the State Non-Arbitrage Program@ ("SNAP@"), providing for the custody, investment and disbursement of the proceeds of your bonds and the other general obligation school bonds, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your participation in SNAP@ (the "Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as Appendix C, (e) if VPSA has included by specific reference Your Information into VPSA's Preliminary and final Official Statement: your certificate dated the date of the delivery of VPSA's Bonds to the effect that (i) Your Information was as of the date of VPSA's Preliminary and final Official Statements, and is as of the date of the certificate which shall be dated the closing date, true and correct and did not and does not contain an untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it is included by specific reference in or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading, and (ii) you have complied with your undertakings regarding the amendments adopted on November 10, 1994 to Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, (f) an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the validity of the bonds and the exclusion from gross income for federal and Virginia income tax purposes of the interest on your bonds, the conformity of the terms and provisions of your bonds to the requirements of this Bond Sale Agreement including the appendices attached hereto, and the due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement and the Proceeds Agreement, (g) a transcript of the other customary closing documents not listed above, and (h) the proceeds ofVPSA's bonds, (II) if you will be using the proceeds of your bonds to retire a bond anticipation note, certificate of participation or other form of interim financing (the "Interim Security"), receipt by VPSA of (a) an opinion of your bond counsel that, as of the Closing Date, the Interim Security will have been paid in full or defeased according to the provisions of the instrument authorizing the Interim Security (in rendering such opinion bond counsel may rely on a 3 III letter or certificate of an accounting or financial professional as to any mathematical computations necessary for the basis for such opinion) and (b) an executed copy of the escrow deposit agreement/letter of instruction providing for the retirement of the Interim Security and (III) your compliance with the terms of this agreement. One complete original transcript of the documents listed above shall be provided by your counsel to Sidley Austin LLP, bond counsel to VPSA, on the Closing Date or, with VPSA's permission, as soon as practicable thereafter but in no event more than thirty (30) business days after the Closing Date. 5. Subject to the conditions described in Section 4 hereto, this Bond Sale Agreement shall become binding as of the later of the VPSA Sale Date and the date you execute this Bond Sale Agreement. Dated as of October 10, 2008. Virginia Public School Authority Name of Jurisdiction: By: Authorized VPSA Representative By: Name: Title: 4 III (For information only; not part of the Bond Sale Agreement.) Please have the presiding officer, or other specifically designated agent, of your governing body execute two (2) copies of this Bond Sale Agreement and return them, along with the tax questionnaire attached hereto as Appendix D, no later than close of business on October 10, 2008 to, Richard A. Davis, Public Finance Manager, Virginia Public School Authority, P. O. Box 1879, Richmond, Virginia 23218-1879 or by hand or courier service, James Monroe Building- 3rd Floor, 101 N.14th Street, Richmond, Virginia 23219. JPSA recommends the use of an overnight delivery service to ensure timely arrival of your documents. If your governing body or bond counsel requires more than one originally signed Bond Sale Agreement, please send the appropriate number; all but one will be returned at closing. 5 III APPENDIX A to the Bond Sale Agreement STANDARD TERMS AND CONDITIONS Described below are terms of the local school bonds which must be embodied in your bond resolution and bond form and other conditions which must be met in order for VPSA to purchase your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless and until such terms are present in the related bond resolution and bond form adopted by your governing body and such conditions are met. Section 1. Interest and Principal Payments Your bonds will bear interest from the Closing Date2 set forth in the Bond Sale Agreement and will mature on July 15 of the years and in the amounts as established by VPSA. Your bonds will bear interest payable in installments due semiannually on January 15 and July 15. The first interest and principal installment, will be payable on July 15,2009. Your bonds will bear interest at rates 10 basis points (0.10%) above the actual rates on VPSA's Bonds with corresponding principal payment dates. Section 2. Payment For so long as VPSA is the registered owner of your bonds, (a) the paying agent and bond registrar therefor shall be a bank or trust company qualified to serve as such, and (b) all payments of principal, premium, if any, and interest shall be made in funds that shall be immediately available to VPSA on or before 11 :00 AM. on the applicable interest or principal payment date, or date fixed for prepayment or redemption, or if such date is not a business day for banks in Virginia or for the Commonwealth, then on or before 11 :00 AM. on the business day succeeding such scheduled due date. Overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rates on your bonds. Section 3. Prepayment or Redemption Note: Local School Bonds purchased by VPSA as part of the 2008 Fall Interest Rate Subsidy Program are not subject to redemption or prepayment. The following section applies to non-subsidized applicants only. 2 See the Endnotes on page A-5. A-I III Bonds will be subject to redemption at the option of your governing body, subject to the consent of VPSA or other registered owner. Your bond resolution shall provide for prepayment or redemption as follows: The bonds maturing after July 15, 2018 are subject to optional prepayment or redemption prior to maturity by the issuer, from any available moneys, in whole or in part, on any date on or after July 15, 2018, at the following prepayment or redemption prices on the following prepayment or redemption dates, plus accrued interest to the date fixed for prepayment or redemption: Dates Price July 15,2018 through July 14,2019 July 15,2019 through July 14,2020 July 15, 2020 and thereafter 101% 100~ 100 Provided, however, that the bonds shall not be subject to prepayment or redemption prior to their respective maturities except with the prior written consent of the registered owner. Notice of any such prepayment or redemption shall be given to the registered owner by registered mail at least 60, but not more than 90, days prior to the date fixed for prepayment or redemption. A-2 III Section 4. Security Your bonds must constitute valid and binding general obligations for the payment of which the full faith and credit of the local unit are irrevocably pledged, and all taxable property within the boundaries of the local unit must be subject to the levy of an ad valorem tax, over and above all other taxes and without limitation as to rate or amount, for the payment of the principal of, and premium, if any, and interest on the bonds to the extent other funds of the local unit are not lawfully available and appropriated for such purpose. Section 5. Tax Matters You shall complete the Questionnaire attached hereto as Appendix D to the Bond Sale Agreement and send along with the Bond Sale Agreement for receipt no later than the close of business on October 10, 2008 to Richard A. Davis, Public Finance Manager, Virginia Public School Authority, either at P.O. Box 1879, Richmond, Virginia 23218-1879 or if delivered by hand to the James Monroe Building - 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. You shall execute the Use of Proceeds Certificate in the form provided in Appendix C attached to the Bond Sale Agreement for receipt by VPSA at least three business days prior to the Closing Date.3 Section 6. No Composite Issue You will covenant not to sell, without VPSA's consent, any general obligation bonds which are part of the same common plan of financing (and payable from the same source of funds) as your local school bonds, during the period beginning 15 days in advance of and ending 15 days after the VPSA Sale Date. As noted in the Bond Sale Agreement, the VPSA Sale Date is expected to be on or about October 22, 2008 but, subject to market conditions, may occur any time between October 13,2008 and October 30,2008. Section 7. Binding Commitment Subject to the satisfaction of the conditions in Section 4 of the Bond Sale Agreement, the Bond Sale Agreement shall constitute a binding commitment of the Local Issuer to sell its Local School Bonds to VPSA as of the later of the VPSA Sale Date and the date the Local Issuer executes the Bond Sale Agreement. 3 VPSA requires that the Use of Proceeds Certificate be executed separately from the tax certificates prepared by your bond counsel. Your bond counsel may also prepare one or more tax certificates that contain some information found in the Use of Proceeds Certificate in addition to information such as your reasonable expectations as to meeting the requirements to any of the rebate exceptions. A-3 III' Section 8. Request and Consent of County School Board4 Before the governing body of a County adopts the bond resolution, the County School Board must first request, by resolution, the governing body to take such action. The County School Board must also consent to the issuance of bonds by the County. (See form of resolution in Appendix E attached hereto.) Section 9. Public Hearing and Notice Before the final authorization of your issuance of the bonds by the governing body, the governing body must hold a public hearing on the proposed issue unless the issuance of such bonds has been approved at referendum. The notice of the hearing, meeting the requirements of Section 15.2-2606, Code of Virginia 1950, as amended, must be published once a week for 2 successive weeks (notices at least 7 days apart) in a newspaper published or having general circulation in your locality. The public hearing may not be held less than 6 nor more than 21 days after the date the second notice appears in the newspaper. Section 10. Delivery VPSA will accept delivery of your bonds onlv in the form of a single, typewritten, temporary bond, in registered form, payable to VPSA. The form of the bond is included as Exhibit A to the resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice from VPSA, you agree to deliver, at your expense, in exchange for the typewritten bond, on one or more occasions, one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having the same aggregate principal amount and accruing interest at the same rates as the bonds surrendered in exchange, as requested by VPSA. Section 11. Comprehensive Annual Financial Report Annually for the life of your bonds, you will be required to submit a copy of your locality's Comprehensive Annual Financial Report ("CAFR") or annual audited financial statements to the rating agencies referenced below: Moody's Investors Service, Inc. Public Finance Department Attention: Robert Kurtter 7 Wodd Trade Center at 250 Greenwich Street New York, New York 10007 Fitch Ratings Governmental Finance Attention: Richard J. Raphael New York, New York 10004 4 Not applicable to cities and towns. (Section 15.2-2640, Code of Virginia) A-4 III ENDNOTES 1 If VPSA does not purchase your local school bonds on the Closing Date due to your fault, VPSA will invest, in demand or overnight investments, the amount of its bond proceeds to be used to purchase your local school bonds. If you cure your failure to deliver your local school bonds within the sixty (60) day period following the Closing Date, VPSA will purchase your local school bonds and your bonds will bear interest from the date of delivery and payment or other date satisfactory to VPSA. You will, however, be required to pay to VPSA at your actual closing an amount equal to the positive difference, if any, between the amount of interest that would have accrued on your local school bonds from the Closing Date to your actual closing date less the amount of interest income VPSA was able to earn, during such period, from the investment of its bond proceeds pending their use to purchase your bonds and the arbitrage yield on VPSA's Bonds. A-5 III [Appropriate Changes Will Need to be Made for Cities and Towns] APPENDIX B to the Bond Sale Agreement Resolution No. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $ GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF , VIRGINIA, SERIES 2008 _, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Board of Supervisors (the "Board") of the County of Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $ and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County [held/will hold] a public hearing, duly noticed, on 2008, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defmed below) shall indicate that $ is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration of such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any B-1 III discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF , VIRGINIA: 1 Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $ 2 (the "Bonds") for the purpose of fmancing certain capital projects for school purposes as described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2 Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer ofVPSA to purchase from the County, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Chairman of the Board and the County [AdministratorlManager], or either of them [that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested]. The Chairman of the Board, the County [AdministratorlManager], or either of them and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement, dated as of October 10, 2008, with VPSA providing for the sale of the Bonds to VPSA. The agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3 Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2008 "; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2009 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4 Interest Rates and Princiual Installments. The County [AdministratorlManager] is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed [five and fifty one- hundredths percent (5.50 %)] per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The County [AdrninistratorlManager] is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal 2 105% of the amount of the Proceeds Requested is recommended. B-2 I1II Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted as authorized by this Resolution. 5 Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6 Payment: Payine: Ae:ent and Bond Ree:istrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Paying Agent for the Bonds. , Virginia, is designated as Bond Registrar and 7 PreDayment or RedemDtion. The Principal Installments of the Bonds held by VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by VPSA may be exchanged that mature on or before July 15,2018, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA coming due after July 15,2018, and the definitive bonds for which the Bonds held by VPSA may be exchanged that mature after July 15,2018, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15,2018, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15,2018 through July 14,2019 July 15, 2019 through July 14,2020 July 15,2020 and thereafter 101% 100~ 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. B-3 11" 8 Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affIx the seal of the County thereto. 9 Plede:e of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10 Use of Proceeds Certificate rand Certificate as to Arbitrae:e.] The Chairman of the Board, the County [Administrator/Manager] and such other officer or officers of the County as either may designate are hereby authorized and directed to execute [a Certificate as to Arbitrage and] a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in [such Certificate as to Arbitrage and] such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11 State Non-Arbitrae:e Proe:ram: Proceeds Ae:reement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County [Treasurer/Director of Finance] to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County [ Administrator/ Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12 Continuine: Disclosure Ae:reement. The Chairman of the Board, the County [Administrator/Manager] and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the B-4 III Bond Sale Agreement should the County be determined by VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13 Filine: of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14 Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15 Effective Date. This Resolution shall take effect immediately. * * * The undersigned Clerk of the Board of Supervisors of the County of , Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on , 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Members absent from the meeting were: Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the Board of Supervisors of the County of , Virginia, this _ day of , 2008. Clerk, Board of Supervisors of the County of , Virginia [SEAL] B-5 III EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-l $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF General Obligation School Bond Series 2008 (*] The COUNTY OF , VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the 'principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009 and annually on July 15 thereafter to and including July 15, 20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15,2009 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, , as bond registrar (the "Bond Registrar"), shall make all payments of principal, B-6 1111 premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon fmal payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution ** Letter designation, if any. B-7 11" and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the Board of County Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or defInitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for defInitive Bonds as hereinabove provided, such defInitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2018 and the defInitive Bonds for which this Bond may be exchanged that mature on or before July 15,2018, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15,2018, and the defInitive Bonds for which this Bond may be exchanged that mature after July 15,2018, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15,2018, B-8 III upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15,2018 through July 14,2019 July 15,2019 through July 14,2020 July 15,2020 and thereafter 101% 100~ 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fIxed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap- pened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of has caused this Bond to be issued in the name of the County of , Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated rNovember 201, 2008. COUNTY OF VIRGINIA (SEAL) B-9 1111 ATTEST: Clerk, Board of Supervisors of the County of , Virginia B-lO Chairman, Board of Supervisors of the County of , Virginia III, ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. B-ll 11" APPENDIX C to the Bond Sale Agreement USE OF PROCEEDS CERTIFICATE [FOR NEW MONEY] The $ General Obligation School Bonds, Series 2008 (the "Bonds") issued by [Name of Local Unit] (the "Issuer") will be purchased by the Virginia Public School Authority ("VPSA") from the proceeds of the VPSA's $ School Financing Bonds (1997 Resolution), Series 2008 B (the "VPSA's Bonds"), pursuant to a Bond Sale Agreement dated as of the sale date of the VPSA's Bonds. The proceeds of the Bonds will be used to finance the costs of acquiring, constructing and equipping public school facilities owned and/or operated by the school board for the Issuer (the "School Board"). The Issuer and the School Board each recognize that certain facts, estimates and representations set forth in the Certificate as to Arbitrage executed by VPSA in connection with the issuance of the VPSA's Bonds must be based on the representations and certifications of the Issuer and the School Board, upon which VPSA and Sidley Austin LLP, its bond counsel ("Bond Counsel") rely, and that the exclusion from gross income for federal income tax purposes of the interest on the VPSA's Bonds depends on the use of proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the Issuer and the School Board hereby covenant that: Section 1. Description of Project and Refunded Obligations. The proceeds of the Bonds, including investment income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping of public school facilities ofthe Issuer (the "Project"). Section 2. Governmental Use of Proceeds. The Issuer and the School Board covenant the following with respect to the use of proceeds of the Bonds and the facilities financed therewith: ( a) In General. (i) Private Business Use. No more than ten percent (10%) of the proceeds of the Bonds or the Project (based on the greatest of: (A) the cost allocated on the basis of space occupied, (B) the fair market value, or (C) the actual cost of construction) has been or, so long as the Bonds are outstanding, will be, used in the aggregate for any activities that constitute a "Private Use" (as such term is defined below in subsection (d) of this Section 2). (ii) Private Securitv or Pavment. No more than ten percent (10%) of the principal of or interest on the Bonds, under the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are outstanding, will be, directly or indirectly, (A) secured by any interest in (I) property used for a Private Use or (II) payments in respect of such property or (B) derived from payments in respect of property used or to be used for a Private Use, whether or not such property is a part of the Project. (b) No Disproportionate or Unrelated Use. With respect to private business use disproportionate to or not related to governmental use financed or refinanced with the C-l 11" proceeds of the Bonds, no more than five percent (5%) of the principal of or interest on such Bonds, under the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are outstanding, will be, directly or indirectly, (x) secured by any interest in (I) property used for a Private Use or (II) payments in respect of such property or (y) derived from payments in respect of property used or to be used for a Private Use, whether or not such property is a part of the Project. (c) No Private Loan Financing. No proceeds of the Bonds will be used to make or finance loans to any person other than to a state or local governmental unit. (d) Definition of Private Use. For purposes of this Certificate, the term "Private Use" means any activity that constitutes a trade or business that is carried on by persons or entities other than state or local governmental entities. Any activity carried on by a person other than a natural person is treated as a trade or business. The leasing of property financed or refinanced with the proceeds of the Bonds or the access of a person other than a state or local governmental unit to property or services on a basis other than as a member of the general public shall constitute Private Use unless the Issuer obtains an opinion of Bond Counsel to the contrary. Use of property financed or refinanced with proceeds of the Bonds by any person, other than a state or local governmental unit, in its trade or business constitutes general public use only if the property is intended to be available and is in fact reasonably available for use on the same basis by natural persons not engaged in a trade or business ("General Public Use"). In most cases Private Use will occur only if a nongovernmental person has a special legal entitlement to use the financed or refinanced property under an arrangement with the Issuer or the School Board. Such a special legal entitlement would include ownership or actual or beneficial use of the Project pursuant to a lease, management or incentive payment contract, output contract, research agreement or similar arrangement. In the case of property that is not available for General Public Use, Private Use may be established solely on the basis of a special economic benefit to one or more nongovernmental persons. In determining whether special economic benefit gives rise to Private Use, it is necessary to consider all of the facts and circumstances, including one or more of the following factors: (i) whether the financed or refinanced property is functionally related or physically proximate to property used in the trade or business of a nongovernmental person; (ii) whether only a small number of nongovernmental persons receive the economic benefit; and (iii) whether the cost of the financed or refinanced property is treated as depreciable by the nongovernmental person. As of the date hereof, no portion of the Project is leased (or will be so leased) by the Issuer or the School Board (or a related party or agent) to a person or entity other than a state or local governmental unit or to members of the general public for General Public Use. C-2 1111 (e) Management and Service Contracts. With respect to management and service contracts, the determination of whether a particular use constitutes Private Use under this Certificate shall be determined on the basis of applying Revenue Procedure 97-13, 1997- 1 C. B. 632, as modified by Revenue Procedure 2001-39, 2001-2 C.B. 38 (collectively, "Revenue Procedure 97-13"). As of the date hereof, no portion of the proceeds derived from the sale of the Bonds is being used to finance or refinance property subject to contracts or other arrangements with persons or entities engaged in a trade or business (other than governmental units) that involve the management of property or the provision of services with respect to property financed or refinanced with proceeds of the Bonds that does not comply with the standards of Revenue Procedure 97-13. For purposes of determining the nature of a Private Use, any arrangement that is properly characterized as a lease for federal income tax purposes is treated as a lease. Consequently, an arrangement that is referred to as a management or service contract may nevertheless be treated as a lease. In determining whether a management contract is properly characterized as a lease, it is necessary to consider all of the facts and circumstances, including the following factors: (i) the degree of control over the property that is exercised by a nongovernmental person; and (ii) whether a nongovernmental person bears risk of loss of the financed or refinanced property. Section 3. Time Test and Due Diligence Test. The Issuer or the School Board have incurred or will incur within 6 months of the date hereof substantial binding obligations, which are not subject to contingencies within the control of the Issuer or the School Board or a related party, to third parties to expend at least 5% of the net sale proceeds of the Bonds on the Project. The Issuer and the School Board will proceed with due diligence to spend all of the proceeds of the Bonds within three years of the date hereof. Section 4. Dispositions and Change in Use. (a) No Sale or Disposition. The Issuer and the School Board expect to own and operate and do not expect to sell or otherwise dispose of the Project, or any component thereof, prior to the final maturity date ofthe VPSA's Bonds (August 1, [20~). (b) No Change in Use. The Issuer and the School Board represent, warrant and covenant that the Project will be used for the governmental purpose of the Issuer and the School Board during the period of time the Bonds are outstanding, unless an opinion of Bond Counsel is received with respect to any proposed change in use of the Project. Section 5. No Sinking or Pledged Funds. The Issuer and the School Board have not established and will not establish any funds or accounts that are reasonably expected to be used to pay debt service on the Bonds or that are pledged (including negative pledges) as collateral for the Bonds for which there is a reasonable assurance that amounts on deposit therein will be available to pay debt service on the Bonds if the Issuer or the School Board encounters financial difficulty. C-3 1111 Section 6. No Replacement Proceeds. (a) In General. No portion of the proceeds of the Bonds will be used as a substitute for other funds that prior to the Issuer's resolving to proceed with the issuance of the Bonds was used or is to be used to pay any cost of the Project. (b) Safe Harbor. In accordance with Section 1.148-1 (c) of the Treasury Regulations regarding the safe harbor against the creation of "replacement proceeds", as of the date hereof, the weighted average maturity of the Bonds does not exceed 120% of the reasonably expected economic life of the Project financed thereby. Section 7. No Refunding. The proceeds of the Bonds will not be used to provide for the payment of any principal of or interest on any obligations of the Issuer, other than the Bonds, incurred in the exercise of its borrowing power. Section 8. Composite Issue. There are no other obligations of the Issuer that have been, or will be (a) sold within 15 days of the VPSA's Bonds or the Bonds, (b) sold pursuant to the same plan of financing together with the Bonds, and (c) paid out of substantially the same source of funds as the Bonds. Section 9. No Federal Guarantee. The Issuer and the School Board shall not take or permit any action that would cause (a) the payment of principal of or interest on the Bonds to be guaranteed, directly or indirectly, in whole or in part by the United States or any agency or instrumentality thereof or (b) 5 percent or more of the proceeds of the Bonds to be (i) used in making loans the payment of principal of or interest on which is guaranteed in whole or in part by the United States or any agency or instrumentality thereof or (ii) invested directly or indirectly in federally insured deposits or accounts (except as permitted under Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"), or the regulations promulgated thereunder). The Issuer and the School Board have not, and will not enter into, any (i) long-term service contract with any federal governmental agency, (ii) service contract with any federal governmental agency under terms that are materially different from the terms of any contracts with any persons other than federal government agencies, and (iii) lease of property to any federal government agency that would cause the Bonds to be considered "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 10. No Hedge Bonds. The Issuer and the School each reasonably expects that all of the net sale proceeds of the Bonds will be used to pay the cost of the Project within three years of the date hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds will be invested in Nonpurpose Investments (as such term is defined in Section 148(t)(6)(A) of the Code) having a substantially guaranteed yield for four years or more. Section 11. No Overissuance. The total proceeds derived by the Issuer from the sale of the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts necessary to finance the Project. Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be applied to the cost of the Project will be used to reimburse the Issuer for expenditures incurred thereby with respect to the Project in anticipation of the issuance of the Bonds. The Issuer and C-4 11" the School Board represent the following with respect to the costs of the Project to be reimbursed from the proceeds of the Bonds. (a) Official Intent. The total amount of reimbursed costs incurred by the Issuer with respect to the Project is not expected to exceed $ . Such expenditures were paid prior to the date hereof but no earlier than sixty (60) days prior to _, _, which is the date the Issuer or the School Board adopted its "official intent" declaration (the "Official Intent Declaration") in accordance with Section 1.150-2 of the Treasury Regulations. The Official Intent Declaration: (i) was, on the date of its adoption, intended to constitute a written documentation on behalf of the Issuer that states that the Issuer reasonably expected to reimburse itself for such expenditures with the proceeds of a taxable or tax-exempt borrowing, (ii) set forth a general description of the Project, and (iii) stated the maximum principal amount of debt expected to be issued for the Project. Neither the Issuer nor the School Board has taken any action subsequent to the expression of such intent that would contradict or otherwise be inconsistent with such intent. (b) Reasonable Official Intent. As of the date of the Official Intent Declaration, the Issuer reasonably expected to reimburse such expenditures with the proceeds of a borrowing. The Issuer does not have a pattern of failing to reimburse expenditures for which an intention to reimburse such expenditures was declared and which were actually paid by the Issuer other than in circumstances that were unexpected and beyond the control of the Issuer. (c) Reimbursement Period Requirement. The proceeds derived from the sale of the Bonds to be applied to reimburse the above-described expenditures will be so applied no later than the later of the date that is (i) eighteen (18) months after the date on which the expenditure being reimbursed was paid, or (ii) eighteen (18) months after the date on which the portion of the Project to which such expenditure relates was placed in service (within the meaning of Section 1.150-2 of the Treasury Regulations) or abandoned. The Issuer shall not, however, use Bond proceeds to reimburse the above-described expenditures later than three (3) years after the date the original expenditure was paid. (d) Reimbursable Expenditures. The expenditures to be reimbursed are either (i) capital expenditures (within the meaning of Section 1.150-1 (b) of the Treasury Regulations), (ii) costs of issuance, (iii) certain working capital expenditures for extraordinary, nonrecurring items that are not customarily payable from current revenues (within the meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv) grants (within the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v) qualified student loans, qualified mortgage loans or qualified veterans' mortgage loans (within the meaning of Section 1.150-1(b) of the Treasury Regulations). None of the C-5 1111 expenditures to be reimbursed were incurred for day-to-day operating costs or similar working capital items. (e) Anti-Abuse Rules. No portion of the proceeds of the Bonds being used to reimburse the Issuer for prior expenditures will be used, directly or indirectly, within one year of the date of a reimbursement allocation, in a manner that results in the creation of replacement proceeds (within the meaning of Section 1.148-1 of the Treasury Regulations), other than amounts deposited in a bona fide debt service fund. Section 13. Private Activity Covenants. The Issuer and the School Board each represents, warrants and covenants that it will take no action that would cause either the Bonds or the VPSA's Bonds to be private activity bonds within the meaning of Section 141(a) of the Code and that it will not fail to take any action that would prevent the VPSA's Bonds and the Bonds from being private activity bonds, within the meaning of Section 141(a) of the Code. Furthermore, the Issuer and the School Board have established reasonable procedures to ensure compliance with this covenant. Section 14. No Artifice or Device. None of the proceeds of the Bonds will be used in a manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147 of the Code and the Issuer has not engaged and will not engage in a transaction or series of transactions enabling it to exploit the difference between tax-exempt and taxable interest rates to gain a material financial advantage and which increases the burden on the market for tax-exempt obligations, including selling obligations that would not otherwise be necessary or issuing obligations sooner or allowing them to remain outstanding longer than would otherwise be necessary. Section 15. Covenant as to Arbitrage. The Issuer and the School Board each represents, warrants and covenants that whether or not any of the Bonds remain outstanding, the money on deposit in any fund or account maintained in connection with the Bonds, whether or not such money was derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner that would cause the Bonds or the VPSA's Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and the applicable regulations thereunder. Section 16. Tax Covenant. The Issuer and the School Board each represents, warrants and covenants that it will not take any action which will, or fail to take any action which failure will, cause the interest on the Bonds or the VPSA's Bonds to become includable in the gross income of the owners of the Bonds or the VPSA' s Bonds for federal income tax purposes pursuant to the provisions of the Code and the regulations promulgated thereunder in effect on the date of original issuance of the Bonds and the VPSA's Bonds. C-6 Illi Date: [NAME OF LOCAL ISSUER] By: Name: Title: [NAME OF SCHOOL BOARD] By: Name: Title: C-7 III APPENDIX D to the Bond Sale Agreement CONSTRUCTION EXCEPTION AND EIGHTEEN-MONTH EXCEPTION TO THE REBATE REQUIREMENT QUESTIONNAIRE The purpose of this questionnaire is to elicit facts concerning the expenditure of the proceeds of the City/County of (the "Issuer") general obligation school bonds (the "Bonds") in order to make an initial determination that the construction exception from the rebate requirement provided by Section 148(t)(4)(C) of the Internal Revenue Code of 1986, as amended, or the eighteen month exception from the rebate requirement provided by Section 1. 148-7(d) of the Treasury Regulations is available. Please supply the information requested below and send this questionnaire to Richard A. Davis, Public Finance Manager, Virginia Public School Authority, P. O. Box 1879, Richmond, Virginia 23218-1879, for receipt no later October 10,2008, with a copy to your bond counsel. 1. Briefly describe the project (the "Project") to be financed with the proceeds of the Bonds including the useful life of the project(s) being financed. 2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds. (b) Indicate the amount that you reasonably expect to receive from the investment of the Bond proceeds prior to spending all of the Bond proceeds set forth above in Question 2 (a). (c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect to use to finance the issuance costs of the Bonds. (e.g. your legal fees) (d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b) reduced by the amount set forth in Question 2( c) equals $ . This amount is hereinafter referred to as "Available Construction Proceeds". Any bond premium derived from sale of the bonds and any investment earnings thereon will be treated as Available Construction Proceeds. D-1 III; 3. Indicate the amount of money, other than the Available Construction Proceeds of the Bonds, that will be applied toward the cost of the Project and the expected source of such money. Indicate what such money will be used for. 4. Indicate, by principal components, your current estimates of the cost for the acquisition and construction of the Project that will be financed with the Available Construction Proceeds of the Bonds, including: (a) Acquisition of Interest in Land (b) Acquisition of Interest in Real Property1 (c) Acquisition and! or Installation of Tangible Personal Propertr (d) Site Preparation (e) Construction of Real Property3 (f) Reconstruction of Real Property4 (g) Rehabilitation of Real Property5 (h) Construction of Tangible Personal Property6 (i) Specially developed computer software 7 G) Interest on the Bonds during Construction (k) Other (please specify) $ (1) Total $ (Note: The sum of the amounts described in (a) through (k) must equal the amount of Available Construction Proceeds of the Bonds set forth in Question 2(d).) 1-7 See the Endnotes on pages D-7 and D-8. 5. (a) Have you borrowed, directly or indirectly, (such as through an industrial development authority) any money, either through a tax-exempt bank loan, a bond anticipation note, any tax-exempt or taxable obligation or otherwise (a "loan"), to pay for the Project costs? Yes No (b) Do you intend to use the proceeds of the Bonds to refinance or repay any loan used to finance the Project costs? Yes No D-2 1111 (c) If the answer to Question 5(b) is "Yes", please attach a copy of the BAN, COP, or other evidence of the loan and any tax certificate executed with such loan and indicate the following: (i) Amount of loan: (ii) Date of loan: (iii) Maturity date of loan: (iv) Interest rate ofloan: (v) Name oflender: (vi) Refinance or repayment date: (vii) Amount of unspent proceeds, ifany: (viii) Where unspent proceeds are being held (e.g. SNAP): (d) If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the loan to reimburse yourself for expenses paid with respect to the Project before the loan was obtained? Yes No (e) If the answer to question 5(b) is "Yes", do you expect to qualify for the small issuer exception for the loan. 6. (a) Do you intend to reimburse yourself from the proceeds of the Bonds for Project costs advanced from your General Fund or other available sources? Yes No (b) If the answer to Question 5(d) or Question 6 (a) is "Yes", with respect to all such expenditures, please indicate the amount of such expenditure, when such expenditure was paid and the purpose of the expenditure (i.e., architectural fees, engineering fees, other construction costs): (i) Amount expended $ (ii) Date of expenditure: (iii) Purpose of expenditure: (Note: if you intend to reimburse yourself for more than one expenditure, please attach a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii) purpose of expenditure) 7. If the answer to Question 5(d) or 6(a) is "Yes" please attach a copy of any other evidence of your intention to reimburse yourself with the proceeds of a borrowing such as the earliest possible resolution, declaration or minutes of a meeting. Include the date such resolution was adopted, meeting was held or declaration made. D-3 11" [The purpose of questions 8, 9 and 10 is to determine if the Bonds may qualify for the Construction Exception from the Rebate Requirement.] 8. Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is at least 75% of the amount of Available Construction Proceeds (i.e., 75% of the amount in 4(i). Yes No If the answer to Question 8 is "Yes", answer Question 9 and skip Question 10. If the answer to Question 8 is "No", skip Question 9 and answer Question 10. 9. (a) Assuming the Bonds are delivered on November 20, 2008 and funds are made available to you on that date, please complete the following schedule indicating the amount of Available Construction Proceeds that the City/County expects to expend and disburse during the following time periods: From November 20, 2008 to May 20, 2009 $ From May 21,2009 to November 20,2009 From November 21,2009 to May 20,2010 From May 21, 2010 to November 20,2010 T otal9 $ 8 8 and 9 See the Endnotes on page D-8. D-4 III, (b) If you do not expect to spend 100% of Available Construction Proceeds by November 20, 2010, do you expect to spend 100% of Available Construction Proceeds by November 20,20117 Yes No 10. For purposes of this Question 10, assume that the Bonds are delivered on November 20, 2008 and funds are made available to you on that date. (a) Does the City/County expect to expend and disburse the amount shown III Question 4(a) for the acquisition of land by May 20, 20097 Yes No (b) Does the City/County expect to expend and disburse the amount shown III Question 4(b) for the acquisition of interests in real property by May 20, 20097 Yes No (c) Does the City/County expect to expend and disburse the amount shown in Question 4( c) for the acquisition and/or installation of tangible personal Property by May 20, 20097 Yes No (d) (i) Does the City/County expect to expend and disburse the amount shown in question 4(1) by November 20, 20117 Yes No (ii) Assuming that the Bonds are delivered on May 15,2008, and funds are made available to you on that date, please complete the following schedule indicating the amount of Available Construction Proceeds that the City/County expects to expend and disburse during the following time periods: From November 20, 2008 to May 20, 2009 $ From May 21,2009 to November 20,2009 From November 21,2009 to May 20,2010 From May 21,2010 to November 20,2010 10 Total $ 10 See the Endnotes on page 0-8. D-5 11" [The purpose of question 11 is to determine if the Bonds may qualify for the Eighteen Month Exception from the Rebate Requirement.] 11. The sum ofthe amounts set forth in Questions 2(a) and 2(b) equals $ (the "gross proceeds"). Assuming that the Bonds are delivered on November 20,2008 and funds are made available to you on that date, please complete the following schedule indicating the amount of gross proceeds that the City/County expects to expend and disburse during the following time periods: From November 20, 2008 to May 20, 2009 $ From May 21,2009 to November 20,2009 From November 21,2009 to May 20,2010 Total $ 12. (a) Will this issue qualify for the Small Issuer Exception? Yes No (b) List any general obligation bond financings the City/County has undertaken or is planning to undertake in the calendar year 2008. I understand that the foregoing information will be relied upon by the Virginia Public School Authority (the "Authority") in determining the applicability of the construction exception to the Authority's School Financing Bonds (1997 Resolution), Series 2008 B I hereby certify that I am familiar with the Project or have made due inquiry in order to complete this Questionnaire with respect to the Project and am authorized by the City/County to provide the foregoing information with respect to it, which information is true, correct, and complete, to the best of my knowledge. Include amounts expended prior to November 20, 2008 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. D-6 III' Name of Person Completing Questionnaire Title Signature Date D-7 III; ENDNOTES 1. For purposes of this questionnaire, "real property" means improvements to land, such as buildings or other inherently permanent structures, including items that are structural components of such buildings or structures. For example, real property includes wiring in a building, plumbing systems, central heating or central air conditioning systems, pipes or ducts, elevators or escalators installed in a building, paved parking areas, road, wharves and docks, bridges and sewage lines. For purposes of this questionnaire, tangible personal property means any tangible property except real property. For example, tangible personal property includes machinery that is not a structural component of a building, school buses, automobiles, office equipment, testing equipment and furnishings. 2. See description of real property in endnote 1. This includes all capital expenditures that are properly chargeable to or may be capitalized as part of the basis of the real property prior to the date the property is placed in service. For purposes of this questionnaire, expenditures are considered paid in connection with the construction, reconstruction or rehabilitation of real property if the contract between the Issuer and the seller requires the seller to build or install the property (such as under a "turnkey contract") but only to the extent the property has not been built or installed at the time the parties enter into the contract. If the property has been partially built or installed at the time the parties enter into the contract, the expenditures that are allocable to the portion of the property built or installed before that time are expenditures for the acquisition of real property. 3. See endnote 3. 4. See endnote 3. 5. For purposes of this questionnaire, expenditures are in connection with the construction of tangible personal property, as defined in endnote 2, if: 6. (a) A substantial portion of the property or properties is completed more than 6 months after the earlier of the date construction or rehabilitation commenced and the date the Issuer entered into an acquisition contract; (b) Based on the reasonable expectations of the Issuer, if any, or representations of the person constructing the property, with the exercise of due diligence, completion of construction or rehabilitation (and delivery to the Issuer) could not have occurred within that 6-month period; and (c) If the Issuer itself builds or rehabilitates the property, not more than 75% of the capitalizable cost is attributable to property acquired by the Issuer (e.g., components, raw materials and other supplies). 7. Specially developed computer software means any programs or routines used to cause a computer to perform a desired task or set of tasks, and the documentation required to describe and maintain those programs, provided that the software is specially developed and is functionally related and subordinate to real property or other constructed personal property. D-8 9. 11" 8. Include amounts expended prior to November 20, 2008 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. Total should equal the amount in 4(1). 10. Include amounts expended prior to November 20, 2008 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. D-9 Illi APPENDIX E to the Bond Sale Agreement RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of (the "School Board") hereby (i) requests, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of issue its general obligation school bonds (the "Bonds") in an aggregate principal amount sufficient to provide $ proceeds for the purpose of financing certain capital projects for school purposes and (ii) consents, pursuant to Section 15.2- 2638.B(iii) of the Code and Article VII, Section 1 O(b) of the Constitution of Virginia, to the issuance of the Bonds. 2. Further, the School Board consents to and authorizes an application to the Virginia Public School Authority (the "VPSA") for the purchase of the Bonds by the VPSA as part of its 2008 Fall Pooled Bond Sale. 3. This resolution shall take effect immediately. * * * Members present at the meeting were: . Members absent from the meeting were: . Members voting in favor of the foregoing resolution were: . Members voting against the foregoing resolution were: . Members abstaining from voting on the foregoing resolution were: E-l 1I1I APPENDIX F to the Bond Sale Agreement CONTINUING DISCLOSURE AGREEMENT [This Continuing Disclosure Agreement will impose obligations on the Local Issuer if and only if the Local Issuer is or has become and remains a "Material Obligated Person", as defined below] This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by the Virginia Public School Authority (the "Authority") of $ aggregate principal amount of its School Financing Bonds (1997 Resolution) Series 2008 B (the "Series 2008 B Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on October 23, 1997, as amended and restated. The Series 2008 B Bonds and all other parity bonds heretofore and hereafter issued under the 1997 Resolution are collectively called the "Bonds". A portion of the proceeds of the Series 2008 B Bonds are being used by the Authority to purchase certain general obligation school bonds ("Local School Bonds") of the Local Issuer pursuant to a bond sale agreement between the Authority and the Local Issuer (the "Bond Sale Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby covenants and agrees as follows: SECTION 1. Puroose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Local Issuer for the benefit of the holders of the Series 2008 B Bonds and in order to assist the Participating Underwriters (defined below) in complying with the Rule (defined below). The Local Issuer acknowledges that it is undertaking primary responsibility for any reports, notices or disclosures that may be required under this Agreement. SECTION 2. Definitions. In addition to the definitions set forth in the 1997 Resolution, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "bond sale agreement" shall mean the Bond Sale Agreement and any other comparable written commitment of the Local Issuer to sell local school bonds to the Authority. "Dissemination Agent" shall mean the Local Issuer, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by such Local Issuer and which has filed with such Local Issuer a written acceptance of such designation. "Filing Date" shall have the meaning given to such term in Section 3(a) hereof. "Fiscal Year" shall mean the twelve-month period at the end of which financial position and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1 F-l 1I1I and continues through June 30 ofthe next calendar year. "holder" shall mean, for purposes of this Disclosure Agreement, any person who is a record owner or beneficial owner of a Series 2008 B Bond. "Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the Rule. "local school bonds" shall mean any of the Local School Bonds and any other bonds of the Local Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution. "Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal amount of all outstanding Bonds of the Authority. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. "Participating Underwriter" shall mean any of the original underwriters of the Authority's Series 2008 B Bonds required to comply with the Rule in connection with the offering of such Bonds. "Repository" shall mean each National Repository and each State Repository. "Rille" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State Repository" shall mean any public or private depository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Agreement, there is no State Repository. SECTION 3. Provision of Annual Reports. (a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year ended June 30, 2008) as of the end of which such Local Issuer was a MOP, unless as of the Filing Date the Local Issuer is no longer a MOP.l Not later than ten (10) days prior to the Filing Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if applicable) and shall provide copies to the Authority. In each case, the Annual Report (i) may be submitted as a single document or as separate documents comprising a package, (ii) may cross-reference other information as provided in Section 4 of this Disclosure Agreement and (iii) shall include 1 The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer within 60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated Person as of the end of such Fiscal Year. Upon written request, the Authority will also advise the Local Issuer as to its status as a MOP as of any other date. F-2 1111 the Local Issuer's audited financial statements prepared in accordance with applicable State law or, if audited financial statements are not available, such unaudited financial statements as may be required by the Rule. In any event, audited financial statements of such Local Issuer must be submitted, if and when available, together with or separately from the Annual Report. (b) If the Local Issuer is unable to provide an Annual Report to the Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the Municipal Securities Rulemaking Board and any State Repository in substantially the form attached hereto as Exhibit A. SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual Report required to be filed hereunder shall contain or incorporate by reference, at a minimum, annual financial information relating to the Local Issuer, including operating data, (i) updating such information relating to the Local Issuer as shall have been included or cross-referenced in the final Official Statement of the Authority describing the Authority's Series 2008 B Bonds or (ii) if there is no such information described in clause (i), updating such information relating to the Local Issuer as shall have been included or cross-referenced in any comparable disclosure document of the Local Issuer relating to its tax-supported obligations or (iii) if there is no such information described in clause (i) or (ii) above, initially setting forth and then updating the information referred to in Exhibit B as it relates to the Local Issuer, all with a view toward assisting Participating Underwriters in complying with the Rule. Any or all of such information may be incorporated by reference from other documents, including official statements of securities issues with respect to which the Local Issuer is an "obligated person" (within the meaning of the Rule), which have been filed with each of the Repositories or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Local Issuer shall clearly identify each such other document so incorporated by reference. SECTION 5. Reporting of Listed Events. Whenever the Local Issuer is a Material Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that knowledge of the occurrence of a Listed Event with respect to its local school bonds would be material, such Local Issuer shall promptly file a notice of such occurrence with each National Repository or the Municipal Securities Rulemaking Board and each State Repository, if any, with a copy to the Authority. SECTION 6. Alternative Filing. The Local Issuer may, in lieu of filing with the Repositories and each State Repository the Annual Reports and other notices referred to in Sections 3(a), 3(b) and 5 hereof, make such filings with DisclosureUSA, the central post office of the Municipal Advisory Council of Texas. Should the Securities and Exchange Commission F-3 11" approve any additional Internet based electronic filing system for satisfying the continuing disclosure filing requirements of the Rule, filing with any such system shall satisfy the filing requirements under this Disclosure Agreement. SECTION 7. Termination of Reporting Obligation. The Local Issuer's obligations under this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or final retirement of all the Local School Bonds. SECTION 8. Dissemination Agent. The Local Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or discharge. If at any time there is not any other designated Dissemination Agent, the Local Issuer shall be the Dissemination Agent. [The initial Dissemination Agent shall be .] SECTION 9. Amendment. Notwithstanding any other provision of this Disclosure Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been approved in writing by the Authority and is supported by an opinion of independent counsel, acceptable to the Authority, with expertise in federal securities laws, to the effect that such amendment is permitted or required by the Rule. SECTION 10. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Local Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is specifically required by this Disclosure Agreement, such Local Issuer shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 11. Default. Any person referred to in Section 12 (other than the Local Issuer) may take such action as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Local Issuer to file its Annual Report or to give notice of a Listed Event. The Authority may, and the holders of not less than a majority in aggregate principal amount of Bonds outstanding may, take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to challenge the adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce any other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement shall not be deemed an event of default under the applicable resolution or bonds of the Local Issuer, and the sole remedy under this Disclosure Agreement in the event of any failure of the Local Issuer to comply herewith shall be an action to compel performance. Nothing in this provision shall be deemed to restrict the rights or remedies of any holder pursuant to the Securities Exchange Act of 1934, the rules and regulations promulgated thereunder, or other applicable laws. SECTION 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time F-4 11" ofthe Authority's Bonds, and shall create no rights in any other person or entity. SECTION 13. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Date: [LOCAL ISSUER] By F-5 1111 EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT [AUDITED FINANCIAL STATEMENTS] Re: VIRGINIA PUBLIC SCHOOL AUTHORITY SCHOOL FINANCING BONDS (1997 Resolution) SERIES 2008 B CUSIP Numbers: Dated: November 1, 2008 Name of Local Issuer NOTICE IS HEREBY GIVEN that the [Local Issuer] has not provided an Annual Report as required by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in connection with the above-named bonds issued pursuant to that certain Series Resolution adopted on [September 11, 2008], by the Board of Commissioners of the Virginia Public School Authority, the proceeds of which were used to purchase $ [School Bonds] of the [Local Issuer]. [The Local Issuer anticipates that the Annual Report will be filed by .] The Local Issuer is a material "obligated person" within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, with respect to the above- named bonds of the Authority. Dated: [LOCAL ISSUER] By F-6 1111 EXHIBIT B CONTENT OF ANNUAL REPORT Description of the Local Issuer. A description of the Local Issuer including a summary of its form of government, budgetary processes and its management and officers. Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt including a historical summary of outstanding tax-supported debt; a summary of authorized but unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt; and a summary of annual debt service on outstanding tax-supported debt as of the end of the preceding fiscal year. The Annual Report should also include (to the extent not shown in the latest audited financial statements) a description of contingent obligations as well as pension plans administered by the Local Issuer and any unfunded pension liabilities. Financial Data. Financial information respecting the Local Issuer including a description of revenues and expenditures for its major funds and a summary of its tax policy, structure and collections as of the end of the preceding fiscal year. Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan. Demographic, Economic and Supplemental Information. A summary of the Local Issuer's demographic and economic characteristics such as population, income, employment, and public school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual Report should also include a description of material litigation pending against the Local Issuer. F-7 1I1I - 30 - Item V-K.2. ORDINANCES/RESOLUTIONS ITEM # 58138 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, until the City Council Session of November 18, 2008: Ordinance to AMEND J 2-20 of the City Code re time and place of regular City Council meetings. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 11" - 31 - Item V-K3. ORDINANCES/RESOLUTIONS ITEM # 58139 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ESTABLISH a Capital Improvement Program [CIP] project and TRANSFER the necessary funds for the Town Center Pedestrian Safety Improvements. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 of 16 17 1[11 AN ORDINANCE TO ESTABLISH A CAPITAL IMPROVEMENT PROGRAM PROJECT AND TRANSFER FUNDS FOR TOWN CENTER PEDESTRIAN SAFETY IMPROVEMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That CIP #9-084, Town Center Pedestrian Safety Improvements, is hereby established as a capital project in the FY 2008-09 capital budget. 2. That $208,000 is hereby transferred from the General Fund Regular Reserve for Contingencies in the FY 2008-09 Operating Budget to CIP #9-084 for pedestrian safety improvements at Town Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day October 2008. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: J~~Q, Management Services - CA 10886 R-2 October 9,2008 11" City of -V-:trgi.rri.a. Beach VIJcot'.aJIII OfFICE Of THE erN MAl<AGER 757-385-4242 FAX (757) 427.5626 TOO (757) 385-4305 I.MooPIl. Ca<ffR Bc"OONG NtMwll. Roow tJ<I 2401 Coon~ 0Ri\.E VlRGI>IA llFXH, VA 2~9001 INTER-OFFICE MEMORANDUM DATE: September 5, 2008 TO: City Manager James K. Spore Dave Hansen, Deputy City Manag~iI FROM: SUBJECT: Town Center Pedestrian Safety Improvements As requested by City Council, Public Works and Parks and Recreation staff have conducted a Town Center Pedestrian Safety Improvement Study and the results are attached. The study focuses on reducing the risk to pedestrians while crossing the busy roads of Town Center. This review focused on: mid-block pedestrian crossing, major intersection pedestrian crossing, and pedestrian signal operation. Mid-block pedestrian crossing has become an issue on Virginia Beach Boulevard between Constitution Drive and Independence Boulevard. Staff has provided three versions of a strategy to reduce this activity, each of which incorporates a median treatment ofplantings, trees and decorative fence to discourage mid-block crossing. The cost of the three options ranges from $132K to $167K. The cost variation is contingent upon the alignment of the fence and quantity of pJantings. Staff is recommending that we install decorative fencing on both sides of the median to ensure pedestrian visibility of this barrier and therefore, accomplish the intended effects. (Concept One) Staff also looked at two major intersections: Virginia Beach Boulevard/Independence Boulevard and Virginia Beach Boulevard/Constitution Drive: · Virginia Beach BoulevardlIndepeodence Boulevard: Mechanical repairs and a reevaluation of the signal light timing were conducted and no additional changes were recommended for the crosswalk infrastructure currently in place. 1[11 Town Center Pedestrian Safety Improvements September 5,2008 Page 2 . Virginia Beach Boulevard/Constitution Drive: Because no pedestrian crossing exists at this location the staff is recommending the installation of a pedestrian crossing infrastructure to support increased pedestrian traffic created by implementation of the median pedestrian barrier described above. Installation of pedestrian signals and a crosswalk costs $41 K. This pedestrian crossing will be similar to the pedestrian crossing at Central Park Boulevard and Virginia Beach Boulevard. Pedestrian safety is a major concern for City leadership and the growth of Town Center has created a heightened risk for our citizens. It is the recommendation of staff to request City Council appropriate $208,000 from our reserve for contingency fund. These funds would be used to install the mid-block pedestrian crossing barrier (fence and landscaping) and a pedestrian crossing signal and crosswalk. Should you have any questions please contact Bob Oey, Public Works Traffic Engineer or myself. DLH/s Attachment c: Les L. Lilley Steve Herbert Catheryn Whitesell Jason Cosby Jack Whitney Warren Harris John Fowler Bob Oey 1111 Pembroke Pedestrian Safety Improvement Study This report addresses concerns regarding pedestrian safety in the Pembroke area of Virginia Beach. During City Council discussion about the pedestrian bridge to be constructed from Town Center to Pembroke Mall, questions were raised about what can be done now to improve pedestrian safety. This report addresses specific concerns that have been brought forward. . Pedestrians are cross mid-block across Virginia Beach Boulevard and walking across the median rather than using existing pedestrian crosswalks to get from Town Center to Pembroke Mall. . The second issue is that pedestrians are coming in conflict with traffic at existing crosswalks. . The third question is why don't we look at providing enough time for pedestrians to cross all the way across Virginia Beach Boulevard rather than crossing half way. . The fourth issue is the need to install pedestrian crosswalks and signals at Constitution and Virginia beach Boulevard. Mid-block pedestrian crossin!! The concern is that it is not safe for pedestrian to cross mid-block and could result in serious injury. While police can help to address this issue, ticketing pedestrians is counter intuitive to the pedestrian friendly image that we are promoting for Town Center. The next alternative would be to create an attractive physical barrier in the median of Virginia Beach Boulevard. Examples of these can be seen in Norfolk as well as other Cities. The idea is to install a fence preventing pedestrians from crossing mid-block. The challenge is to do this attractively to fit into the character of Town Center. For the purposes of this report, three options have been evaluated along with estimated cost. Project Area: Virginia Beach Boulevard Median from Constitution Drive to Independence Boulevard Scope: The project scope is to develop a fence and planting improvements in the median to encourage pedestrians to cross Virginia Beach Boulevard at marked and/or signaled pedestrian crossings. Fence heights and general locations were determined by Public Works Traffic Engineering. Two general area zones were identified where no fence could be located and general areas where a fence of approximately 48" could be located. In addition, various sites were visited and photographed to show similar existing alternatives. III Existing Conditions: The existing median is a combination of concrete paving, curb, signals and lights and existing trees and plants. The significant constraints of the site are the existing location of trees, lights and signals and underground utilities. The existing trees, lights, signals and underground utilities are primarily focused in the central spine of the median. Concepts: Three concepts were developed addressing the above scope and existing conditions. All concepts have cost estimated for ground cover and shrubs with a few tree replacements. The detailed design has not been completed. In addition, all three concepts estimated the fence as a 48" bronze aluminum picket fence. The concepts and estimated costs are listed. · Concept I: Fence on both sides of the median, with a central spine of fence in areas of existing concrete. Total fence and planting estimate: $167,000. Ir '~ ":;~I ,~;,./ (:~:.:') Cr.,1 '...... ~ (~;7' I........! ;:.:'7" ~:;.~ ~ ....l# -.. "..,~...."'... ,.!6:=,~ir:uTI~.'\[~._; nJI.I r I" , \ d:.-.~~=-L\:,_, j f if: " . , ;~... .1- ,..... J j...._~:.._.:.":_._~~j t 'F~ J----.ll'.-] r~ ~:;:: w;=c~AH ~Ulev8I~ at ;o~ -~~u,; j ,,--.-., ,# ....._r~" Jr-- ....'" ~ "~~/ ...:1....:1.,. . ./J ~. 1111 · Concept 2: Fence in a zig-zag pattern to avoid trees, lights, and utilities. Total fence and planting estimate: $151,000. ';;"1 (.:.~ "':::'.; :....../ '''''.J :,~;/ "h l~'" ";':'i ~ [' :, 'I-. "~'_""" ..._:~. J":;:; _11 r ;1 CJ' jm.~:(:"f ~'-. ,- !L {'! i, L" " l.::::;~'::;..j' II \~:" :!' ':. Jl---J:I b -,' ~ -.---.,,--. ---",' 'WiR....... 10M'''' ......... ..... .... .. "'~ I ,..-4 . ^ i t " ,..../ ~ - B" ==~~,:.::::=;~~~l=~ '...ti;.......~ - - ~ ~----- .'~" 6C'c=~.:.:;_~i-..1 _ _lll'....12~ ~-D-FD' ':i r JI(------I; _,7- j,,- ;..i~ ~ I Ii ; ( , j ","" .",_ _ ___.,' "~'u,_",;;;;:;-- ...... ! ~ IF-~lU~ ~ n U--p'1r'] iT' C<lI<<:IlI"n;Al- lLt.S'IU J\A." ... . .. . . l r. '" Virginla Beach Boulevard at Town -~n; j ; ~--" : ~:'2:~:-:;n-\'. ~ I:..t...~-]j ,1'''''='1._,. " . ",-; I~~~.l lJ ", .. \--dl. , ~/ ._,c,.~~ J -.......\ ; t'" t "~~~'~'''-'1~ J r I..J f ~- " I'd i ! ~ ! l; J ) i\~__ "~~_l. j~..''(, .'\ ~..~ ;.~;/ 11" · Concept 3: Fence on one side of the median. Total fence and planting estimate: $132,000. , Ii' 11 '\. I::~~~~~ ~ ! r .c.j L._,J ~i(T':-'7TJ ('. i j' l~'_T,j [;- L 1i r:" - ~ I;" :.r '~_. r..--- _ J 'I . > ,/ .~- ...;:) r;:.:.. '-vJ- (or",; v~) ~...-..'" '-..~ (;'V ~-;q O&."ft. ......... _." ~ ... ......... 'r,=r-!, . , 1>0--- L_ J :I I> . . .\ ~~11." . ~.... , ....,_..~_._-:;~-=-~~::".:=~,.~--~ L,,,<!.._.,~~,~~,~,'"l'.,..~..-,.::.::.:::.-=-..,:;.;::,-.......::----~I '..........""1Ik ...., .., fE--....- -;-""-~;;~r.. ...~=--:-~ ,~,u.u-_~,-- 1fi:S~:' ~.[' :C1f-'D--~~I:' r ... 111 (--~ I', ,~.."~::,-,-, .J:,;Jt~I~! J" ,'! r !:l~ . ~~~.lr.1 t Virginia Beach Boulevud a.t Town ~nt': j I ~ ~ ~;;'--'...., t . . ~-" 'If '" 'i' ,; , ~,,,J .- i ! L. j_k-'" l' :~ I;: 1"1 U r r i. t" \ u--- " ~'.....___._.__-L...-: 'f I ; i ) .~.'t, ~:i .....,... ~ r. 1 r--- III Next Steps: Once a funding source can be identified, the final design for the chosen concept will be done by staff. Additional detail can be provided for review. Once the project is approved, it is estimated the work can be completed in a few months. The picture below is looking toward Town Center from Pembroke Mall and shows how inviting this may look for a pedestrian to cross mid-block rather than going to the nearest intersection III This is another picture of the median on Virginia Beach Boulevard showing the existing trees. , III This is a picture of the median treatment in Norfolk showing plantings trees and the decorative fence. III This is another picture of the median in Norfolk showing the fence along with plantings. III Impacts of providin!! additional pedestrian crossin!! time across Vir!!inia Beach Boulevard Staff has evaluated the concept of providing exclusive pedestrian phases at the Virginia Beach Boulevard/Central ParklPembroke Mall and Virginia Beach Boulevard/Independence Boulevard intersections. Currently, these intersections operate such that the pedestrian walk phases allow pedestrians to cross only halfway to the median of the eight-lane roadway during the walk phase. This section of the Town Center Pedestrian Report documents Traffic Engineering's evaluation that included conducting pedestrian counts at key Town Center intersections, observation of existing pedestrian signal operations and preliminary analysis of the impacts to the vehicular traffic that would result from providing exclusive pedestrian phases at these intersections. Existing Pedestrian Volumes In response to this evaluation request, Traffic Engineering staff conducted pedestrian counts at the Virginia Beach Boulevard and Independence Boulevard as well as Virginia Beach Boulevard at Central ParklPembroke Mall intersections on Thursday, June 5th. The results of those pedestrian counts are as follows: Town Center Pedestrian Counts Thursday, June 5, 2008 Inde endence Boulevard cross Across B Blvd. Inde . Blvd. 10 12 3 12 11 Central Park A venue cross Across B Blvd. Central Park 11 1l 122 121 3 170 The pedestrian counts show that pedestrian activity at the Virginia Beach Boulevard/Independence Boulevard intersection is light throughout the day and is of a random pattern of use. In contrast to this is the pedestrian activity at the Virginia Beach Boulevard/Central Park Avenue intersection, where significant pedestrian volumes were observed crossing Virginia Beach Boulevard from Pembroke Mall to Town Center, particularly during the lunch time hours of 11 a.m. to I p.m. The pedestrian volumes would indicate that pedestrians were present in every traffic signal cycle during those two mid-day hours and could have been present every cycle during the evening hours as well. III' Existing Pedestrian Operations In addition to the pedestrian counts, Traffic Engineering staff investigated the operations of the pedestrian signals at the Virginia Beach Boulevard/Independence Boulevard and Virginia Beach Boulevard/ Central Park Avenue intersections. At the Virginia Beach Boulevard/Independence Boulevard intersection, the only time that pedestrian phases can come up is during the adjacent vehicular through movement phase. For instance, pedestrians crossing Virginia Beach Boulevard on the east side of Independence Boulevard can only get a walk signal when the northbound through movement on Independence Boulevard phase is running. The walk symbol cannot occur for this side of Independence Boulevard in any other phase. Similarly, pedestrians crossing Virginia Beach Blvd. on the west side of Independence can only get the walk symbol during the southbound through phase. The walk time for each leg of the intersection is only 25 seconds, meaning that this intersection is timed to have pedestrians cross to the median and wait for the next walk phase to cross from the median to the other side. At the time of the pedestrian signal observation, this intersection did not have pedestrian push button signs to indicate that you should cross only to the median. Also, one of the pedestrian push buttons was found to be broken. Traffic Engineering relayed these pedestrian signal deficiencies to Traffic Operations and by June 20th Traffic Operations reported that new pedestrian signage that directs the pedestrians to cross only to the median had been added and the existing pedestrian push buttons had been replaced with the new responsive "bulldog" pedestrian push buttons on all legs of the intersection. These buttons emit a confirmation tone and light when the button is pushed. At the Virginia Beach Boulevard/ Central Park Avenue intersection, the pedestrian phase for crossing Virginia Beach Boulevard occurs during the northbound Central Park phase. The walk time for the pedestrian phase is only 25 seconds, meaning that this intersection is timed to have pedestrians cross to the median on Virginia Beach Boulevard and wait for the next walk phase to cross from the median to the other side. In observing the pedestrian operations at these two intersections, Traffic Engineering staff identified two areas of potential conflict with vehicular traffic. The first is with right turning traffic that has a green ball indication, meaning that it has the right-of-way. At the Virginia Beach Boulevard/ Central Park Avenue intersection, northbound right turns have a green ball indication while the pedestrians are crossing Virginia Beach Boulevard. At this location, Traffic Engineering has installed a sign which requires right turning vehicles to yield to pedestrians. At the Virginia Beach Boulevard/Independence Boulevard intersection, the right turns on green ball indications are potentially in conflict with pedestrians crossing in front of their turns on all legs of the intersection. III Exclusive Pedestrian Phase Evaluation Traffic Engineering was asked to evaluate what appears at first glance to be a simple idea: Provide a 45 second exclusive pedestrian phase at the Virginia Beach Boulevard/Central Park/Pembroke Mall and Virginia Beach Boulevard/Independence Boulevard intersections. The 45 second phase would allow pedestrians to cross the entire width of these roadways, eliminating the need to cross only to the median and wait until the next pedestrian phase to finish crossing. The exclusive phase would also eliminate the existing conflict between the right turns on green and the pedestrians. Adding "No right on red" signs at these intersections in association with the exclusive pedestrian phase would further increase pedestrian safety by eliminating the newly created potential conflict because pedestrians would now be crossing during the all red phase. The gains in pedestrian accessibility by providing exclusive pedestrian phases would result in significant negative impacts to traffic flow through the Virginia Beach Boulevard and Independence Boulevard corridors. These impacts are described in this section of the report. The most significant impact to vehicular traffic in the Virginia Beach Boulevard and Independence Boulevard corridors would be the increased delay at the intersections. Currently, the Virginia Beach Boulevard and Independence Boulevard corridors have coordinated signal systems through the Town Center area. From Bonney Road to Jeannie Street on Independence and from Aragona Boulevard to Cavalier Drive on Virginia Beach Boulevard, the traffic signals all have the same cycle length and are timed to allow traffic to progress through the corridors to minimize vehicular delays and number of stops, which leads to less air pollution and fuel consumption. All of the intersections in these corridors would have to be retimed with a cycle length of 180 seconds, which is extremely inefficient and would cause increased delays and fuel consumption throughout these two corridors that together serve over 105,000 vehicles per day in 2007. Using simple assumptions, such as a two second vehicle headway through the intersections, 25 foot vehicle spacing, a 180 second cycle length with the exclusive pedestrian phase and saturated flow traffic conditions in the afternoon peak hour, the addition of a 45 second exclusive pedestrian phase would result in traffic backing up over two miles during the afternoon peak hour to the east and west on Virginia Beach Boulevard and to the north and South on Independence, to include the Independence/I-264 interchange which is less then % miles from Virginia Beach Boulevard. This is additional delay over and above what is being experienced today. A second negative impact to vehicular traffic from the exclusive pedestrian phases and the "Right on Red" prohibition would be increased delays on the internal roadway networks for Town Center and Pembroke Mall. These increased internal delays entering and exiting these intensely developed commercial areas would result decreased pedestrian safety on the internal streets due to the queuing of traffic through intersections. Alternative ideas for improved pedestrian operations have also been identified for the Virginia Beach Boulevard/Central Park/Pembroke Mall and Virginia Beach Boulevard/Independence Boulevard intersections, such as extending the existing non- 11I1 exclusive walk phases to 45 seconds only when the pedestrian button is pushed so that pedestrians can cross the entire width of Virginia Beach Boulevard and Independence Boulevard in one walk phase. While this would not result in vehicle queues of two miles, it would result in a significant inefficiency of signal operation throughout the Virginia Beach Boulevard and Independence Boulevard corridors and would result in significant additional vehicular delays and fuel consumption in the peak hours. The existing pedestrian counts show that because of the number of pedestrians crossing Virginia Beach Boulevard during the midday and evening peak hours at Central Park A venue, pedestrians would extend the pedestrian phase on every cycle. This would result in eastbound and westbound traffic on Virginia Beach Boulevard to back up about one mile from this intersection in the afternoon peak hour, over and above current backups. In addition, this would result in this intersection being taken out of coordination with the surrounding traffic signals and northbound and southbound traffic on Independence Boulevard turning onto eastbound Virginia Beach Boulevard would be delayed and queued through other intersections. Conclusions The pedestrian operations at the Virginia Beach Boulevard/Central Park/Pembroke Mall and Virginia Beach Boulevard/ Independence Boulevard intersections have been improved significantly in recent years, and just recently as this evaluation reports, to include better pedestrian signage and direction, responsive push buttons and countdown pedestrian signals. It is undeniable that the addition of an exclusive pedestrian phase at these intersections would be the most convenient and a slightly more safe way for pedestrians to cross Independence Boulevard and Virginia Beach Boulevard in the Town Center area. However, this evaluation has shown that adding an exclusive pedestrian phases at the Virginia Beach Boulevard/Central Park/Pembroke Mall and Virginia Beach Boulevard/ Independence Boulevard intersections would result in significantly increased vehicular delays and fuel consumption in the already over capacity Virginia Beach Boulevard and Independence Boulevard corridors through the Pembroke area. In addition to increased vehicle delay increased vehicular accidents would increase. Due to the significant amount of increased delay, red light running, blocking of side streets, failure to yield all are common and add up to increased vehicular crashes. Considering all aspects of this evaluation, Public Works Engineering's recommendation is to not implement the exclusive pedestrian phase or extended pedestrian phases and to maintain the existing pedestrian operations on Virginia Beach Boulevard in the Town Center area. III Additional Pedestrian Crossin!! We have evaluated the cost of providing an additional pedestrian crossing at the intersection of Constitution Drive and Virginia Beach Boulevard. The total estimated cost for the installation of pedestrian signals and stamped crosswalk for three legs at this intersection is approximately $41,000. The pedestrian crossing would look similar to this existing pedestrian crossing at Central Park Avenue and Virginia Beach Boulevard. III - 32 - Item V-K.4.a/b. ORDINANCES/RESOL UTIONS ITEM # 58140 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE Grants from the Virginia Settlement Foundation to Parks and Recreation's FY 2008-09 Operating Budget re projects to prevent tobacco use by underage persons. and Ordinance to ACCEPT and APPROPRIATE Grants from the United States Department of Justice to the Police, Sheriff and the Domestic Relations District Court re public safety and criminal processing. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Cuuncil Members Absent: None October 14, 2008 III 1 AN ORDINANCE TO ACCEPT FUNDING FROM THE 2 VIRGINIA TOBACCO SETTLEMENT FOUNDATION 3 TO THE DEPARTMENT OF PARKS AND 4 RECREATION'S FY 2008-09 OPERATING BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $2,000 is hereby accepted from the Virginia Settlement Foundation and 10 appropriated to the Department of Parks and Recreation's FY 2008-09 Operating 11 Budget to implement projects to prevent underage tobacco use, with estimated 12 revenues increased accordingly. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day 15 of October ,2008. 16 17 Requires an affirmative vote by a majority of al/ the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: BaM) Cl, ~ ^~~(L_ Management servic~ l ~~ CI 'ttorney's 0 . ....... -..... CA10881 R-3 October 3, 2008 III ySTREE"t.ORG 705 KING STREET 3RD FLOOR ALEXANDRIA, VA 22314 September 12, 2008 Ms. Nicky Vasquez City of Virginia Beach Youth Leaders in Action 2289 Lynnhaven Parkway Virginia Beach, VA 23456 Dear Ms. Vasquez: Congratulations! We are pleased to inform you that Y St. and VTSF have selected City of Virginia Beach Youth Leaders in Action as one of the 12 recipients for the Y St. Mini-Grant Program for FY 08-09. To accept this offer, please review the enclosed Memo of Understanding (MoU) as it covers the terms and conditions of Y St. Mini-Grant program. A signed copy must be faxed to the Y St. Mini-Grant Office by Tuesday, September 16, and the originals mailed in by Friday, September 19,2008. Failure to do so may result in a forfeiture of the Mini-Grant offer. Upon receipt of the signed MoU, we will disburse the first Mini-Grant payment of $500. We are excited to have your organization be part of Y St. We are confident that this collaboration will be mutually beneficial for both Y St. and your organization. If you have any questions, please feel free to give me a call. Sincerely, br>n.\ t)'o~ Soni Dighe Y St. Mini-Grant Coordinator phone 571.312.1219 fax 571.312.1220 soni@ystreet.org III 1 AN ORDINANCE TO ACCEPT A GRANT TO SUPPORT 2 PUBLIC SAFETY AND CRIMINAL PROCESSING 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 1. That $64,185 is hereby accepted from the U. S. Department of Justice and 6 appropriated to the following agencies and departments in the amounts and for the 7 purposes set forth below: 8 9 a. $6,350 to the Police Department for an automated grading system. 10 b. $17,763 to the Police Department for a forensic mapping system to document 11 evidence at crash scenes. 12 c. $15,298 to the Juvenile and Domestic Relations District Court for a video 13 conferencing system to arraign prisoners on site. 14 d. $24,774 to the Sheriff's Department for a second video arraignment system for a 15 General District Courtroom. 16 17 2. That estimated revenue from the federal government in the FY 2008-09 18 operating budget is hereby increased by $64,185. 19 20 Requires an affirmative vote by the majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of oC'tober ' 2008. Approved as to Content: Approved as to Legal Sufficiency: Management Services Cit~~gz.~ B~Cl~ CA 10878 R-3 October 3,2008 III' Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washingtan, D.C. 2053/ September 4, 2008 Mr. James Spore City ofYirginia Beach 250 I James Madison Boulevard Municipal Center Y,rginia Beach, Y A 23456 Dear Mr. Spore: On behalf of Attorney General Michael B. Mukasey, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 08 Edward Byrne Memorial Justice Assistance (JAG) Grant Program: Local Solicitation in the amount of$64,185 for City of Virginia Beach. Enclosed you will find the Grant Award and Special Conditions documents, This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award. please contact: Program Questions, Tahitia M. Barringer, Program Manager at (202) 616-3294; and Financial Questions, the Office of the Chief Financial Officer. Customer Service Center (CSC) at (800) 458-0786. or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, {j ;i o Domingo S. Herraiz Director, Bureau of Justice Assistance Enclosures III - 33 - Item V-K.5. ORDINANCES/RESOLUTIONS ITEM # 58141 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to APPROPRIATE funds to provide an interest-free loan to the Kempsville Volunteer Rescue Squad for the purchase of a replacement ambulance. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley. Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III: 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE KEMPSVILLE 3 VOLUNTEER RESCUE SQUAD FORTHE PURCHASEOFA 4 REPLACEMENT AMBULANCE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $77,000 is hereby appropriated from the fund balance of the General Fund 10 for an interest-free loan to the Kempsville Volunteer Rescue Squad for the purchase of a 11 replacement ambulance, contingent upon execution of the attached agreement. 12 13 2. That this loan is to be repaid by Kempsville Volunteer Rescue Squad overtive (5) 14 years, pursuant to the terms of the attached promissory note. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of 17 October, 2008. 18 19 Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: 1) K~~ City Attorney's Offl Management Services CA10871 R-4 September 26, 2008 III Agreement Between the City of Virginia Beach and the Kemspville Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Kempsville Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia ~~ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The 1 I, I I III Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 III IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk KEMPSVILLE VOLUNTEER RESCUE SQUAD By: Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 III PROMISSORY NOTE $77,000 Virginia Beach, Virginia October 7,2008 FOR VALUE RECEIVED, Kempsville Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY SEVEN THOUSAND DOLLARS ($77,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1, 2009 - $15,400 On or before June 1,2010 - $15,400 On or before June 1, 2011 - $15,400 On or before June 1,2012 - $15,400 On or before June 1,2013 - $15,400 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. 10/9/2008 C:\Documents and Settings\ringram\Local Settings\Temporary Internet Files\OLKIOE\Kempsville Volunteer Rescue Squad Promissory Note 10-07- 08.doc III WITNESS the following signature(s). KEMPSVILLE VOLUNTEER RESCUE SQUAD (SEAL) By: NAME, Director 10/9/2008 C:\Documents and Settings\ringram\Local Settings\Temporary Internet Files\OLKIOE\Kempsville Volunteer Rescue Squad Promissory Note 10-07- 08.doc G)' G) KEMPSVILLE VOLUNTEER RESCUE SQUAD P.O. BOX 62345 . VIRGINIA BEACH, VA 23466 . (757) 340-KVRS www.kvrs.orQ I ~ ! .... .. , I 1 ~~ .~... .. ,- -1 --:-- . --.-- .-----..,~ '''''''0... ,. " .,. ,........:. <'~ JC~ 1:\,,;, 'fII To: Bruce Edwards Reference: Vehicle Loan 04/03/08 Dear Chief Edwards, I hope all finds you well. I am writing to request a no interest loan from the Department of EMS and the City of Virginia Beach for the purchase of a new ambulance. We have obtained a 50/50 grant for a portion of this purchase. The amount of the loan we are requesting is $77,000. We have a total purchase price of approximately $132,000 with a grant of $55,000. Repayment of the loan would be over the term of five (5) years in lump sum payments of $15,400 each This unit is a replacement of a current unit that has seen a great deal of wear and tear over the past several years. Our units at Kempsville are seeing increased usage due to need for increased staffing as well as an increase in call volume. Your time and consideration with regard to this matter is greatly appreciated. If you require further documentation or have further questions, please do not hesitate to contact me. Thank you email signature Richard E. Baker NREMT-P Captain Kempsville Volunteer Rescue Squad. III - 34 - Item V-X 6. ORDINANCES/RESOLUTIONS ITEM # 58142 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to RECOGNIZE the JT WALK and OBSERVE October 19, 2008, as "JOSH THOMPSON DAY". Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III V-L. PLANNING 1. JOSEPH W. FREEMAN, JR. 2. APPLICATIONS FOR VARIANCES a. CMSS ARCHITECTS, PC b. TONY AND HELEN FLEMING - 35 - ITEM # 58143 3. BRENDA BRIGGS t/a KINGDOM KIDS DA YCARE 4. NEWCINGULAR WIRELESS T/AAT& T 5.1250 CENTERVILLE, L.L.c. SIX-MONTH EXTENSOIN OF TIME re STREET CLOSURE Configuration of three (3) lots Existing single-family residence CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT October 14, 2008 III - 36 - V-L. PLANNING ITEM # 58144 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council APPROVED IN ONE MOTION, Items 1 (AUTHORIZED EXTENSION OF TIME), , 2a/ b, 3, 4, and 5a/b (DEFERRED INDEFINITELl) of the PLANNING BY CONSENT AGENDA. Item L.1. (Joseph W. Freeman, Jr. Street Closure) AUTHORIZED 6-month extension of time Item 5/a/b (1250 CNETERVILLE, L.L.C.) DEFERRED INDEFINITELY Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 37 - V-L.l. PLANNING ITEM # 58145 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance AUTHORIZING a six [6J month extension of time (April 23, 2009) to satisfy conditions in the closing, vacating and discontinuance of a portion of a street, known as Grimstead Road, south of Back Bay Landing Road in behalf of JOSEPH w: FREEMAN, JR. Ordinance upon application of JOSEPH w: FREEMAN JR in the matter of closing, vacating and discontinuing a portion of that certain street known as Grimstead Road as shown on that certain plat entitled "PLAT SHOWING PROPOSED STREET CLOSURE ADJOINING PROPERTY OF JOSEPH W. FREEMAN, JR. D. B. 1761, P. 4322, MB. 172, P. 85, VIRGINIA BEACH, VIRGINIA". DISTRICT 7 - PRINCESS ANNE. The following conditions are required with the Street Closure approved on October 23, 2007. The applicant requires additional time to complete satisfaction of conditions 2, 4 and 5. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-ofway proposedfor closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-ofway proposedfor closure. Ifprivate utilities do exist, easements satisfactory to the utility company must be provided. 4. A cul-de-sac or other City approved turn-around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end of Grim stead Road public right-of way. In addition, a right-of way dedication will be required to accommodate the cul- de-sac. 5. A final plat shall be approved and recorded identifying and ensuring legal access is provided to all lots east of the portion of Grimstead Road to be closed. All lots shall have direct access to a public right-ofway or an easement allowing access to site. Lots may be consolidated in order to ensure legal access is provided. 6. Closure of the right-ofway shall be contingent upon compliance with the above stated conditions within 365 days (October 22, 2008) of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of way, this approval shall be considered null and void. October 14, 2008 III - 38 - V-L.1. PLANNING ITEM # 58145 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A 4 PORTION OF THAT CERTAIN STREET KNOWN AS 5 GRIMSTEAD ROAD AS SHOWN ON THAT 6 CERTAIN PLAT ENTITLED "PLAT SHOWING 7 PROPOSED STREET CLOSURE ADJOINING 8 PROPERTY OF JOSEPH W. FREEMAN, JR. D. B. 9 1761, P. 4322, M.B. 172, P. 85, VIRGINIA BEACH, 10 VIRGINIA". 11 12 WHEREAS, on October 23,2007, the Council of the City of Virginia Beach 13 acted upon the application of Joseph W. Freeman, for the closure of a portion of 14 Grimstead Road as shown on Exhibit "A"; 15 16 WHEREAS, on October 23, 2007 the Council adopted an Ordinance to 17 close the aforesaid street, subject to certain conditions being met on or before October 18 22, 2008; and 19 20 WHEREAS, on August 14, 2008, the applicant requested an extension of 21 time to satisfy the conditions attached to the aforesaid street closure. 22 23 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 24 Virginia Beach, Virginia: 25 26 That the date for meeting conditions of closure as stated in the Ordinance 27 adopted on October 23, 2007, upon application of Joseph W. Freeman, is extended to 28 April 23, 2009. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on this 31 1 4thday of OctobQr ,2008. 32 33 GPIN: 2318-70-5588,2318-72-5115 and 2318-72-7730 CA-10760 V:lapplicationslcitylawprod\cycom32IWpdocs\D030\P003\00068544. DOC R-1 October 1, 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: {[{{LAt}. UJI1~jItJUJ City Attorney III Map L--22 Mop Not to Scale ~ 1\l O~ IJ ... ... ... 1) m .. No zoning activity has occurred in the recent past. ZONING HISTORY JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 7 III .ill .\ \\\ ..;;'~] ~ ~ <\~ . 'i I ,?",,,,,, \~ I \ ~\ ~ \.=J "-.-~-~- ~._- ~ E)(bi'oit ~ //r---- /' l ~. II ^ I 10 I I! I I I ._~ ~'" -: , ~, ~t: ~ --_.:~---_._~\ \ ---------.---.\ ., . tt_'S "'-'....., '~~ -- .,,,..------ ",;" ~ .. . \g~ 1!l~ ~'f \-; ~'t ~!,: \- .j> - >;I;<:..i \~.~" .. V'~~. \~;;i \C-. L.-. '!1 1\ ~O,,~ ~~. ~ _~~J.. 5","l~ \t~l ..J 4- ~-------"---=--::_-:'::_"-'"- .: t;j \ 0 \-----------, \ \ 'd l \ (j') , . , \ , ' , \ r · . I \ t \ ' \ 4 ~~ :, \ ~~. t; \ \ ~;;.~ \ \ Go. ~l I \ ~ , \ , ' I \ I ' , ' \ ~ .l-' \ ,~"'" ~~ t -.. \ \ . . . . " 11 ,~ ~i -;\ o ~ ~ l__ --- _.-;i~;:";'~~. .,. ~~:;'i..:..~ :) ~~ i~:: ?;-- ': f' .~. ..., ".__~' --1- ~-----_..- -- ~\ ~ . ~ '5 g;. "dt i- lBi m-: ~~~ \i:. ~ 'S ! ill' ';. ..e1:\:r; ~,,~ ~...~ If . \ \ \ \ \ , , \ \ \ \ \ \ \ \ \ , \ \ \ , , \ . O'l ".q. O'ltO -i-i 1.01."1 '<t'" II II (t...J II II (t...J ()l m Z'<t O' Fn. 4. Uti) -'<t eN o. o~ <(0 Oz ~- 3 II'" \I.'" \1' ~~i ." ~~t ~n .- l :a . i 5 ~ ~ - ~ 1;\ ~ \, ~ \,l '0' o~ cil"'i 1O'<t . '0 0<:1' O' .1"1 o'<t lON II il ~..J ,) o III l"- Ot o "- ... 0- m <D 0) '" N '" c:i u.I \~ III o l- ~ o '.~~......." I\"'~ cc. -...-:""~.:....-' ~ ,:' 'll~ 'll" 1! "1( "\ -. \. ~-1 \ \ ~_::-_.----- ,,..~~-< .>: . -;:-,- ~ \;\ <> S? ~ t. '" ~:~ '_"'-_,,,,:pr;-'i-;?i::''''',;,r~ \ \. \:! ."'- lt1: ').. ~ .:::1.. \.;('J ta1: GO' ~..' ~ i a" ll~~ 1t~li~ ~~3: rt" j\; \\~ ~::,.:. ~.~~ III - 39 - V-L.2.a. PLANNING ITEM # 58146 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED a Variance to 94.4b of the Subdivision Ordinance, requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CMSS ARCHITECTS, PC, re reconfiguration of the three (3) lots for single-family residences at 4949 Lookout Road. Variance to 94.4b of the Subdivision Ordinance, requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for CMSS ARCHITECTS, PC, re reconfiguration of the three (3) lots for single-family residences at 4949 Lookout Road (GPIN: 1570329366000, 15704205870000, 15704206900000) DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. Each lot shall have only one (1) single-family dwelling on it and the property shall be subdivided as depicted on the plan entitled, "Site Plan Chubb Lake Property, " dated July 25, 2008, prepared by CMSS Architects, P.e., which has been exhibited to the City Council and is onfile with the Planning Department. 2. The ingress-egress easement must be a minimum of sixteen (16) feet in width with a minimum paved surface width of fifteen (15) feet, and the private driveway entrance shall adhere to the current Public Works Specifications and Standards. Said easement and driveway or any variance to these standards shall be subject to final review and approval by the Department of Public Works. 3. No trees shall be removed from the 100-foot wide strip of land owned by the City of Virginia Beach, as depicted on the plan identified above, without first consulting and obtaining written consent of the City Arborist. A tree preservation plan shall be submitted for approval at the time of final subdivision plat review. Methods to protect trees to be preserved shall be delineated on the construction plans and final site plans for each lot. 4. The landscape buffer depicted on said plan shall be installed prior to the certificate of occupancy for Lot I. Proposed landscape buffer shall contain a mix of evergreen trees and shrubs to form a solid screen at maturity. Landscape buffer for Lot I shall be delineated on the construction plans and the final site plan. Landscape buffer shall be perpetually maintained by the owner of Lot 1 and a document to ensure this requirement shall be submitted, to the satisfaction of the City Attorney's Office, during final plat review. 5. The dwelling proposed on Lot 1 shall adhere to the minimum side yard setback along the western property line in an effort to maintain as far a distance as possible from the existing home to the northeast. October 14, 2008 III - 40- V-L.2.a. PLANNING ITEM # 58146 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 41 - V-L.2. b. PLANNING ITEM # 58147 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED a Variance to f4.4b of the Subdivision Ordinance, requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for (CZO) for TONY and HELEN FLEMING re an existing single- family residence at 3373 Head River Road Variance to f4.4b of the Subdivision Ordinance, requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for (CZO) for TONY and HELEN FLEMING re an existing single- family residence at 3373 Head River Road (GPIN 13894374120000) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The property shall be configured substantially as shown on the plat entitled; "Subdivision Plat of Parcel A; Plan of Property of Helen Jones Estate, " dated June 2, 2008, by Digital Survey Services, LLC Said Plat has been exhibited to the City Council and is on file in the Planning Department. 2. All necessary sewage disposal permits shall be obtained from the Department of Environmental Health. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 42- V-L.3. PLANNING ITEM # 58148 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of BRENDA BRIGGS t/a KINGDOM KIDS DA YCARE for a Conditional Use Permit re a daycare facility at 700 Sullivan Circle: ORDINANCE UPON APPLICATION OF BRENDA BRIGGS t/a KINGDOM KIDS DAYCARE FOR A CONDITIONAL USE PERMIT FOR A DAYCARE FACILITY AT 700 SULLIVAN CIRCLE ROI00835298 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BRENDA BRIGGS t/a KINGDOM KIDS DAYCARE for a Conditional Use Permit for a daycarefacility at 700 Sullivan Circle (GPIN: 1468925748) DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The home daycare shall be limited to a total of twelve (12) children other than children living in the home. There shall be no more than five (5) children under the age of two years and six months (2%) in the home at one time as required by the Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday 6:00AM to 6:00PM 3. No more than one (1) person other than a relative residing in the home shall be employed by the home daycare. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area and the fence shall satisfy the requirements of the Department of Social Services. 5. No signs advertising the home daycare shall be permitted on the lot or any building on the lot at any time. 6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of October Two Thousand Eight October 14, 2008 I ' III - 43 - V-L.3. PLANNING ITEM # 58148 Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 44- V-LA. PLANNING ITEM # 58149 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NEW CINGULAR WIRELESS, t/a AT&T for a Conditional Use Permit re a monopole communications tower; and. MODIFY the Timberlake Land Use Plan to accommodate the tower, [approved by City Council on May 24, 1994], at 4293 Holland Road. ORDINANCE UPON APPLICATION OF NEW CINGULAR WIRELESS, T/A AT&T FOR A CONDITIONAL USE PERMIT RE A MONOPOLE COMMUNICATIONS TOWER R010835299 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW CINGULAR WIRELESS, t/a AT&T for a Conditional Use Permit re a monopole communications tower; and, MODIFY the Timberlake Land Use Plan to accommodate the tower, [approved by City Council on May 24, 1994], at 4293 Holland Road (GPIN: 14768649090000) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The communication tower shall be constructed with flush mounted antennas as substantially as shown on the site plans entitled, "AT&T, Kipling,NF3I8A, 4293 Holland Road, Virginia Beach, VA 23452," prepared by ALLPRO Consulting Group, Inc., dated July 29, 2008, with the exception that no barbed wire shall be permitted on the fence. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower with antennas and lightning rod shall not exceed 154 feet in height. 3. All ground equipment shall be housed inside a storage unit as depicted on the plan noted in Condition 1 above. 4. Consistent with the provisions of Section 221 (i) of the City Zoning Ordinance, the setback requirement and the landscaping and screening requirements for the tower are modified to the setback and screening shown on the plans referenced in Condition 1 above. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(i)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property. 7. No signs indicating the location of this facility are allowed. October 14, 2008 III - 45 - V-LA. PLANNING ITEM # 58149 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of October Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 46- V-L.5.a/b. PLANNING ITEM # 58150 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Ordinances upon application of 1250 CENTERVILLE, L.L.C., at 2120 Centerville Turnpike for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District re townhouse-style multi-family dwelling units and a Conditional Use Permit re fuel sales with a convenience store: ORDINANCE UPON APPLICATION OF 1250 CENTERVILLE, L.L.C., AT 2120 CENTERVILLE TURNPIKE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY BUSINESS DISTRICT TO CONDITIONAL A-24 Ordinances upon application of 1250 CENTERVILLE, L.L.c., at 2120 Centerville Turnpike for a Chanf!e of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District, (GPIN: 14640816830000) DISTRICT 1- CENTERVILLE AND, ORDINANCE UPON APPLICATION OF 1250 CENTERVILLE, L.L.C., AT 2120 CENTERVILLE TURNPIKE FOR A CONDITONAL USE PERMIT RE FUEL SALES Ordinances upon application of 1250 CENTERVILLE, L.L.C., at 2120 Centerville Turnpike for a Conditional Use Permit re fuel sales (GPIN: 14640816830000) DISTRICT 1- CENTERVILLE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14,2008 III V-M. 1. APPOINTMENTS - 47- ITEM # 58151 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA TIDEWATER REGIONAL GROUP HOME COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE October 14, 2008 III - 48 - V-M.2. APPOINTMENTS ITEM # 58152 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Thomas H. Atherton, III Ruth W. Bell C. Gregory Johnson Jimmie A. Koch Morton H. Savell Gary Smith - Master Electrician Michael G. Swindell- Master Electrician James S. Witcher - Master Electrician William M. Davenport - Surveyor/Land Plan Chris Ettel - General Contractor Richard C. Hudson, III Mark Ricketts - Licensed Engineer Kenneth Rodman, Jr. - Professional Engineer Rick Savino Robert L. Yoder - Licensed Architect Travis Chick Richard S. Corner - Licensed Architect Donald D. Jones, Sr. - Master Plumber Peter C. Strijjler - Licensed Engineer James D. Wells - Building Contractor Two year term 01/01/2009 -12/31/2010 BOARD OF BUILDING CODE APPEALS October 14, 2008 III - 49- V-M.2. APPOINTMENTS ITEM # 58152 (Continued) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M Henley. Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 50 - V-M.3. APPOINTMENTS ITEM # 58153 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Brad Martin REAPPOINTED: Jeanne S. Evans Wayne Douglas McCoy Stephen McNulty Paul R. Schmidt Joseph J. Thomas Three year term - 01/01/2009 -12/31/2011 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 51 - V-M.4. APPOINTMENTS ITEM # 58154 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Marianne Dyson - Parent Two year term - 01/01/2009 -12/31/2010 COMMUNITY POLICY and MANAGEMENT TEAM - CSA Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 52 - V-M.5. APPOINTMENTS ITEM # 58155 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Mary A. Almaguer - Family Jennifer S. Anders - Family Debra Dear Irvin W. Knight, Sr. Melva E. Martin Donna Morris Three year term - 01/01/2009 -12/31/2011 COMMUNITY SERVICES BOARD - CSB Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan. Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 53 - V-M.6. APPOINTMENTS ITEM # 58156 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Dr. Miriam M. Villasceca Four year term - 01/01/2009 -12/31/2012 EASTERN VIRGINIA HEALTH SERVICES AGENCY Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 54 - V-M. 7. APPOINTMENTS ITEM # 58157 Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED: Sheila Price Braithwaite REAPPOINTED: Marjorie B. Smallie Two year term - 11/01/2009 - 10/31/2011 HISTORIC REVIEW BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 55 - V-M.8. APPOINTMENTS ITEM # 58158 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Ferdie Perez Unexpired term thru 05/31/2009 + three (3) years - 06/01/2008 - 05/31/2010 MINORITY BUSINESS COUNCIL Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 56 - V-M.9. APPOINTMENTS ITEM # 58159 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Bill Blue Thomas Brown Joshua Thompson Three year term - 01/01/2009 -12/31/2011 William Almond John F. Malbon One year term - 0110112009 - 1213112009 RESORT ADVISORY COMMISSION - RAC Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 57 - V-M.I0. APPOINTMENTS ITEM # 58160 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Gregory M. Dragas Carol N. Harr Four year term - 01/01/2009 -12/31/2012 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 58 - V-M.I0. APPOINTMENTS ITEM # 58161 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Louie Ochave - Citizen Three year term - 06/01/2008 - 05/31/2011 VIRGINIA BEACH TOWING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 14, 2008 III - 59 - Item v.P. ADJOURNMENT ITEM # 58162 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:45 P.M. ~H~~.7fM~ Chief Deputy City Clerk ~~dg~~ ~;as~~, ;:;;;c. City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 14, 2008 - 59 - Item v.P. ADJOURNMENT ITEM # 58162 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:45 P.M. ~L?t4-_LL_~~~4-> Beverly (;- Hooks, CMC Chief Deputy City Clerk ~~ City Clerk City of Virginia Beach Virginia October 14, 2008